The Primacy of EU Law: Interpretive, not Structural

e-Journal

Table of Contents: I. Introduction. – II. Defiance. – III. Primacy of what? – IV. Pluralism in action. – V. The incoherence of pluralism. – V.1. Legal systems do not “conflict”. – V.2. Legal systems do not “overlap”. – V.3. Pluralism cannot provide a framework for consensus. – VI. Federal monism. – VII. Social monism. – VIII. Primacy: a pragmatic...

Does Anything Hang on the Autonomy of EU Law?

e-Journal

Abstract: Jurisprudential accounts of the autonomy of EU law have struggled to offer a compelling account of its unique features. Nevertheless, I argue that Ronald Dworkin’s court-centric methodological approach is better-suited than Hartian positivism to shed light on the notion that EU law is autonomous. This is because most questions about the...

The Primacy of EU Law: Interpretive, not Structural

e-Journal

Table of Contents: I. Introduction. – II. Defiance. – III. Primacy of what? – IV. Pluralism in action. – V. The incoherence of pluralism. – V.1. Legal systems do not “conflict”. – V.2. Legal systems do not “overlap”. – V.3. Pluralism cannot provide a framework for consensus. – VI. Federal monism. – VII. Social monism. – VIII. Primacy: a pragmatic...

Weaving the Threads of a European Legal Order

e-Journal

Table of Contents: I. Introduction. – II. Actants. – III. The absence of brute facts. – IV. Valency. – V. Law as proliferation of power. – VI. Increasing adjudicative power. – VII. Increasing regulatory power. – VIII. Conclusion: the importance of inclusion and empowerment.

Abstract: Two...

Does Anything Hang on the Autonomy of EU Law?

e-Journal

Abstract: Jurisprudential accounts of the autonomy of EU law have struggled to offer a compelling account of its unique features. Nevertheless, I argue that Ronald Dworkin’s court-centric methodological approach is better-suited than Hartian positivism to shed light on the notion that EU law is autonomous. This is because most questions about the...

Nine Theses on Autonomy: Making Sense of a Controversial Doctrine

e-Journal

Table of Contents: I. Introduction. – II. Autonomy in the early theories of sovereignty. – III. A historical hypothesis: autonomy as an institutional tool. – IV. The triumph of autonomy. – V. A change of paradigm: absolute autonomy v offene Staatlichkeit. – VI. Reverse autonomy. – VII. Autonomy of the EU vis-à-vis its Member States...

Weaving the Threads of a European Legal Order

e-Journal

Table of Contents: I. Introduction. – II. Actants. – III. The absence of brute facts. – IV. Valency. – V. Law as proliferation of power. – VI. Increasing adjudicative power. – VII. Increasing regulatory power. – VIII. Conclusion: the importance of inclusion and empowerment.

Abstract: Two...

Pagine

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European Forum

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Forum Européen

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Forum europeo

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Foro Europeo