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.
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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.

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