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Legal reasoning in EU law

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

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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.

Item Type: Book Section
Official URL:
Additional Information: © 2014 Oxford University Press
Divisions: European Institute
Subjects: J Political Science > JN Political institutions (Europe)
K Law > K Law (General)
Date Deposited: 30 Sep 2014 14:50
Last Modified: 16 May 2024 05:40

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