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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.
How do memory and remembrance relate to the specific mode of
transitional justice that lays emphasis on restoration? What is
captured and what is obliterated in individual and collective
efforts to come to terms with a violent past? Across this volume
consisting of twelve in-depth contributions, the politics of memory
in various countries are related to restorative justice under four
headings: restoring trust, restoring truth, restoring land and
restoring law. While the primary focus is a philosophical one,
authors also engage in incisive analyses of historical, political
and/or legal developments in their chosen countries. Examples of
these include South Africa, Colombia, Rwanda, Israel and the land
of Palestine, which they know all too well on a personal basis and
from daily experience.
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