Legal reasoning in EU law
Komárek, J.
(2015).
Legal reasoning in EU law.
In
Arnull, A. & Chalmers, D.
(Eds.),
The Oxford Handbook of EU Law
(pp. 2-21).
Oxford University Press.
There seems to be a renewed interest in legal reasoning in EU law or, to be more precise, the legal reasoning of the ECJ. This chapter takes a broader view of legal reasoning, which reaches beyond a single institution or institutional (that is judicial) context. Not all reasoning by public authorities entails legal reasoning, however. I will therefore firstly define ‘legal reasoning in EU law’ and briefly examine when and how particular actors engage in it before I look at the legal reasoning of the ECJ, where I distinguish two stages: discovery and justification, and analyse the constitutive elements of both.
| Item Type | Chapter |
|---|---|
| Copyright holders | © 2014 Oxford University Press |
| Departments |
LSE > Academic Departments > European Institute LSE > Academic Departments > Law School |
| Date Deposited | 30 Sep 2014 |
| URI | https://researchonline.lse.ac.uk/id/eprint/59585 |
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