The Coherence Of Eu Law

This volume examines the problems of legal and linguistic diversity in the EU legal system. In a union of 27 member states, with 23 different languages, how can the coherence of EU law be guaranteed? The volume addresses this central question from a range of theoretical and practical perspectives.

The EU legal order sits above a diverse mix of 27 national legal systems, with some 23 different languages. Amongst such diversity, how can the unity and coherence of the European legal system be guaranteed? Is there a common understanding between lawyers from different national backgrounds as to the meaning and application of EU law? In addressing these issues the idea of 'common concepts' has played a crucial role - it is argued that the unity of the system is guaranteed by the consistent application of certain core principles shaping the law. To what extent can these concepts be trusted to provide a firm basis for the coherence of the EU legal order? Believers in common concepts argue that there is a relatively clear, shared and accepted framework of ideas, providing an understanding of the system that is ultimately unified in spite of all apparent divergence. Sceptics hold that there is no such framework; 'common concepts' turn out to be additional sources of misunderstanding, confusion and, subsequently, legal divergence. According to a third thesis, there is indeed no common conceptual core, but the necessary unity and coherence of EU law can be articulated and even reinforced through the use of divergent concepts. The contributors to this collection of essays address these issues from different disciplinary perspectives - legal sociology, linguistics, comparative law, European legal scholarship, legal theory and practical experience. The research group focused on the application of two general themes: the protection of rights and judicial discretion. In addition to the thematic research, case studies from core policy sectors are featured, including energy regulation and social policy.

Sauter examines how competition law maintains its coherence. He charts the historical development of the EU competition regime and its path to decentralised enforcement, as well as studying the coherence of the regime's goals, boundaries, rules, and exceptions.

Presenting a critical analysis of the Court of Justice's jurisprudence on EU free movement rights, this book explains the drivers behind the fragmentation of internal market law. It argues that the Court has a responsibility to articulate coherent framework principles applicable in national law, but also requires greater support from Member States.

This book provides a selection of interesting papers presented at the Third REALaw Research Forum, which was held in Utrecht on January 30, 2015. The overarching theme of the colloquium was Judicial Coherence in the European Union. 0 0Ever since the establishment of the EU’s judicial system, coherence in the administration of justice within the EU has been an intriguing topic for debate amongst legal scholars and practitioners. Throughout the development of EU (administrative) law in recent decades, courts have been major players in shaping the EU legal order in law and practice. In the overwhelming majority of cases in everyday EU legal practice, national courts and tribunals fulfil the duty of ensuring that the law is observed in the interpretation and application of EU law. Recent judgments clearly illustrate that judicial coherence in the EU concerns a shared responsibility of the Court of Justice and the courts in the Member States. Between the lines, anticipation of the growing horizontal interaction between national courts of the EU Member States can be observed. 0 0The variety, richness and refreshing approaches to questions relating to judicial coherence in the European Union in this book prove that judicial coherence deserves to be further explored and discovered and is of great societal relevance as well.

This book offers a thorough legal and policy examination of the European Neighbourhood Policy (ENP) as latest 'grand' experiment in achieving coherent external relations for the Union. The book draws on legal and political scholarship to attain a definition of coherence in EU external relations. It argues that traditional definitions such as vertical or horizontal coherence are insufficient and sets out a new definition in order to more accurately capture the reality of EU external relations. The book goes on to look in depth at the ENP, arguing that the innovative nature of the ENP in regard to coherence lies beyond the narrowly defined legal sphere, but stems mostly from its hybrid composition of hard legal, soft legal and non-legal policy instruments.

Based on the author's thesis (doctoral)--University of Leuven, 2013.

In European External Action Service, Mauro Gatti provides a legal analysis of the EU’s ‘foreign ministry’ and assesses its capability to promote coherence in EU external relations.