Komárek, Jan (2015) Legal reasoning in EU law. In: Arnull, Anthony and Chalmers, Damian, (eds.) The Oxford Handbook of EU Law. Oxford handbooks in law. Oxford University Press, Oxford, UK, pp. 2-21. ISBN 9780199672646
Abstract
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: | Book Section |
|---|---|
| Official URL: | http://www.oup.com/uk/ |
| Additional Information: | © 2014 Oxford University Press |
| Library of Congress subject classification: | J Political Science > JN Political institutions (Europe) K Law > K Law (General) |
| Sets: | Departments > European Institute Departments > Law |
| Date Deposited: | 30 Sep 2014 14:50 |
| URL: | http://eprints.lse.ac.uk/59585/ |
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