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Legal certainty in the preliminary reference procedure : the role of extra-legal steadying factors / John Cotter (Lecturer in Law, School of Law, Keele University, UK).
Cotter, John author.; Edward Elgar Publishing, publisher.
2022
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Edward Elgar
Author
Cotter, John author.
Title
Legal certainty in the preliminary reference procedure : the role of extra-legal steadying factors / John Cotter (Lecturer in Law, School of Law, Keele University, UK).
Published
Northampton : Edward Elgar Publishing, 2022.
Call Number
INTERNET
ISBN
9781788979559 (e-book)
Description
1 online resource (320 pages).
System Control No.
eep9781788979559
Summary
"This forward-thinking book examines numerous features in the European Union (EU) legal system that serve to reduce legal uncertainty in the preliminary reference procedure and the rulings of the Court of Justice. Drawing on theories from legal realist Karl Llewellyn, legal steadying factors such as legal doctrine and interpretative techniques are reviewed alongside the primary focus of this book, extra-legal steadying factors. As well as focusing on the contribution made by judges' legal backgrounds, John Cotter also investigates the role of the balance between institutional and personal independence and accountability. He further applies Karl Llewellyn's approach and re-models it into a European setting, identifying the EU legal system features that assist in promoting decisional steadiness in the preliminary reference procedure. Exploring also the significance of procedural rules and practices at the Court of Justice in steadying outcomes, this book will be an excellent resource for scholars of the EU legal system. Its analysis of the role of factors that steady the rulings of the Court of Justice of the European Union will also make this a useful read for legal theorists interested in examining the factors that influence judicial decision-making"-- Provided by publisher.
Bibliography, etc. Note
Includes bibliographical references and index.
Digital File Characteristics
text file
Source of Description
Description based on print record.
Series
Elgar studies in legal theory.
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All Resources
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Edward Elgar Publishing, publisher.
Contents: Preface
Part I: Introduction
1. Obstacles to legal certainty in the preliminary reference procedure
2. 'Steadying factors' in the article 267 tfeu preliminary reference procedure
3. 'The argument and 'first principles'
Part II: Internal extra-legal steadying factors
4. The steadying effect of 'law-conditioned officials'
5. 'The judges of the court of justice and 'law conditioning'
Part III: External extra-legal steadying factors
6. The steadying effect of an independence-accountability balance: A hypothesis
7. 'Susceptibility to countermeasures for 'scenario 1' ('legal and acceptable') rulings
8. Susceptibility to lawful countermeasures for 'scenario 2' ('legal', but 'unacceptable') rulings
9. Susceptibility to unlawful countermeasures for 'scenario 2' ('legal', but 'unacceptable') rulings
10. Susceptibility to countermeasures for 'scenario 3' ('illegal', but 'acceptable') and 'scenario 4' ('illegal' and 'unacceptable') rulings
Part IV: Procedural extra-legal steadying factors
11. The order for reference as 'steadying factor' i: 'issues limited, sharpened, and phrased in advance'
12. The order for reference as 'steadying factor' ii: 'a frozen record from below'
13. The steadying effect of argument before the court of justice
14. The steadying effect of 'a known bench'
15. Steadying factors in deliberative and decision-making procedures
16. Conclusion
Bibliography
Index.

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