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Books > Law > Laws of other jurisdictions & general law > Constitutional & administrative law > Citizenship & nationality law
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The Coherence of EU Law - The Search for Unity in Divergent Concepts (Hardcover)
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The Coherence of EU Law - The Search for Unity in Divergent Concepts (Hardcover)
Series: Oxford Studies in European Law
Expected to ship within 12 - 19 working days
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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
regulationand social policy.
General
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