Legal reasoning in EU law
Komárek, Jan
(2015)
Legal reasoning in EU law
In:
The Oxford Handbook of EU Law.
Oxford handbooks in law
.
Oxford University Press, Oxford, UK, pp. 2-21.
ISBN 9780199672646
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 |
|---|---|
| Keywords | giving reasons,legal reasoning,adjudication,discovery and justification,sources of EU law,methods of interpretation of EU law,judicial style of the ECJ |
| Departments |
European Institute Law School |
| Date Deposited | 30 Sep 2014 14:50 |
| URI | https://researchonline.lse.ac.uk/id/eprint/59585 |
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