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Wednesday, May 6, 2020 | History

3 edition of legal reasoning of the European Court of Justice found in the catalog.

legal reasoning of the European Court of Justice

Joxerramon Bengoetxea

legal reasoning of the European Court of Justice

towards a European jurisprudence

by Joxerramon Bengoetxea

  • 325 Want to read
  • 36 Currently reading

Published by Clarendon Press, Oxford University Press in Oxford, New York .
Written in English

    Places:
  • European Economic Community countries.,
  • European Economic Community countries
    • Subjects:
    • Court of Justice of the European Communities.,
    • Judicial process -- European Economic Community countries.,
    • Law -- European Economic Community countries -- Interpretation and construction.,
    • Law -- European Economic Community countries -- Methodology.

    • Edition Notes

      StatementJoxerramon Bengoetxea.
      Series[Oxford European Community law series]
      Classifications
      LC ClassificationsKJE5461 .B45 1992
      The Physical Object
      Paginationxvi, 294 p. ;
      Number of Pages294
      ID Numbers
      Open LibraryOL1721425M
      ISBN 100198257171
      LC Control Number92024781

        The European Court of Justice as an actor of European Integration Context The European Court of Justice is the institution of the European Union which encompasses the whole judiciary. It is seated in Luxembourg and is was established in as the Court of Justice of the European Coal and Steel Communities for the interpretation of the Treaty of Rome.   Abstract: This thesis examines the topic of conflict of norms in European Union (EU) law and the legal reasoning of the European Court of Justice (ECJ), arguing that the framework of conflict of norms provides conceptual insight into justification and the role of value choices in legal reasoning.

      The Legal Reasoning of the Court of Justice of the EU (Modern Studies in European Law Book 36) (English Edition) eBook: Gunnar Beck: : Kindle StoreAuthor: Gunnar Beck.   Jelena Ganza The Court of Justice of the European Union (CJEU) has assumed an important role as the Community legislator: its historic and breakthrough judgments are prised for diffusion of new integrationist ideas contained in the Treaties. It has been widely accepted that the Court’s unique interpretative approach to the Treaty provisions alongside its judicial.

        After an introduction (chapter 1), Jacob lays the conceptual groundwork for his analysis with a chapter on the notion of law made by the Court of Justice of the European Union (CJEU), i.e. the setting of precedents (chapter 2), and a chapter on the identification and characterization of what is precedential in a judicial decision (chapter 3).Cited by: 5.   The book will certainly be of use to all concerned with theory of legal reasoning, EU law and operation of the Court of Justice of the European Union. * EUtopia Law Blog * a real delight to specialists in the theory of European :


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Legal reasoning of the European Court of Justice by Joxerramon Bengoetxea Download PDF EPUB FB2

The justification of legal decisions is a crucial issue in legal and political theory, with courts achieving legitimation through their practice of justification.

This study also assesses the justificatory practice of the European Court of Justice and how its jurisprudential approach contributes to an understanding of European by: Buy The Legal Reasoning of the Court of Justice of the EU (Modern Studies in European Law Book 36): Read Kindle Store Reviews -   Perhaps as a sign of the times, both issues, judicial reasoning and the legitimacy of the Court of Justice, are coming to the fore (again).

This review essay critically examines a recent addition to the debate: Gunnar Beck’s 'The Legal Reasoning of the Court of Justice of the EU'.Cited by: 2. BENGOETXEA, Joxerramon, MACCORMICK, Neil, MORAL SORIANO, Leonor, Integration and integrity in the legal reasoning of the European Court of Justice, in Grainne DE BURCA and Joseph H.

WEILER (eds), The European Court of Justice, Oxford: Oxford University Press,Collected courses of the Academy of European Law ; 10/1, pp.Collected Courses of the Academy of European Cited by:   The Legal Reasoning of the Court of Justice of the EU. by Dr Gunnar Beck. Modern Studies in European Law.

Share your thoughts Complete your review. Tell readers what you thought by rating and reviewing this book. Rate it * You Rated it *Brand: Bloomsbury Publishing. Conway,The Limits of Legal Reasoning and the European Court of Justice Cambridge:Cambridge University Press, Author(s): Waele, H.C.F.J.A.

deAuthor: H.C.F.J.A. de Waele. The Court of Justice of the European Union has often been characterised both as a motor of integration and a judicial law-maker. Part one develops a new heuristic theory of legal reasoning which argues that legal uncertainty is a pervasive and inescapable feature of primary legal material and judicial reasoning alike, which has its origin.

Keywords: European Union, Legal theory, interpretation, judicial activism, EU citizenship Suggested Citation: Suggested Citation Semmelmann, Constanze, Book Review on Suvi Sankari, European Court of Justice Legal Reasoning in Context (Octo ).Author: Constanze Semmelmann.

The Legal Reasoning of the Court of Justice of the EU Article in European law review 39(3) June with 85 Reads How we measure 'reads'Author: Michal Bobek. '[This book] presents a differentiated and multifaceted picture of the way in which the European Court approaches the question of precedent.

Referring to, distinguishing, and overruling precedent are depicted as diverse and multifunctional techniques of legal reasoning.

Cited by: 8. Get this from a library. The legal reasoning of the Court of Justice of the EU. [Gunnar Beck] -- "The Court of Justice of the European Union has often been characterised both as a motor of integration and a judicial law-maker.

To what extent is this a fair description of the Court's. Get this from a library. The legal reasoning of the Court of Justice of the EU. [Gunnar Beck] -- The Court of Justice has often been characterised both as a motor of integration and a judicial law-maker.

This book examines the Court's jurisprudence over more than half a century, and assesses the. THE LEGAL REASONING OF THE COURT OF JUSTICE OF THE EU Download The Legal Reasoning Of The Court Of Justice Of The Eu ebook PDF or Read Online books in PDF, EPUB, and Mobi Format.

Click Download or Read Online button to THE LEGAL REASONING OF THE COURT OF JUSTICE OF THE EU book pdf for free now. About The Legal Reasoning of the Court of Justice of the EU.

The Court of Justice of the European Union has often been characterised both as a motor of integration and a judicial law-maker. To what extent is this a fair description of the Court's jurisprudence over more than half a. Bengoetxea, J., N.

MacCormick and L. Moral Soriano, ‘ Integration and Integrity in the Legal Reasoning of the European Court of Justice ’ in G. de Búrca and J. Weiler (eds.), The European Court of Justice (Oxford University Press, ). Buy The Legal Reasoning of the Court of Justice of the EU (Modern Studies in European Law) 01 by Gunnar Beck (ISBN: ) from Amazon's Book Store.

Everyday low prices and free delivery on eligible orders.5/5(1). To reconceptualize legal certainty in EU law, the book highlights the importance of transparent judicial reasoning and dialogue between courts and suggests a discursive model for adjudication at.

[The] Limits of Legal Reasoning [and the European Court of Justice] is in my view definitely a much-needed, thought-provoking contribution to EU law scholarship, whether you find yourself in agreement with the Court's conclusions or not.' B.

Pirker, European Law Blog () 'Gerard Conway has written an undeniably important : Gerard Conway. The Court's exercise of its discretion is best understood in terms of the constraints imposed by the accepted justificatory discourse and certain extra-legal steadying factors of legal reasoning, which include a range of political factors such as sensitivity to Member States' interests, political fashion and deference to the 'EU legislator'.

Whilst firmly situated within the field of EU law, the book also employs theories developed in linguistics and translation studies. More particularly, it explores the uncertainty surrounding the meaning of multilingual EU law and the impact of multilingualism on judicial.

The European Court of Justice is widely acknowledged to have played a fundamental role in developing the constitutional law of the EU, having been the first to establish such key doctrines as.The Court's exercise of its discretion is best understood in terms of the constraints imposed by the accepted justificatory discourse and certain extra-legal steadying factors of legal reasoning, which include a range of political factors such as sensitivity to Member States' interests, political fashion and deference to the "EU legislator.".The Court of Justice, informally known as the European Court of Justice (ECJ), is the supreme court of the European Union in matters of European Union law, and is considered by many 'the most powerful and influential international court that is realistically possible'.

As a part of the Court of Justice of the European Union, it is tasked with interpreting EU law and ensuring its equal Currently: Koen Lenaerts.