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Steadying Factors in the Article 267 TFEU Preliminary Reference Procedure (2022)
Book Chapter
Cotter, J. (2022). Steadying Factors in the Article 267 TFEU Preliminary Reference Procedure. . Edward Elgar Publishing. https://doi.org/10.4337/9781788979559.00007

This chapter seeks to identify steadying factors, a concept borrowed from the American legal realist Karl Llewellyn, that contribute to reducing the impact of obstacles to legal certainty. This chapter describes Llewellyn's 'descriptive thesis' in hi... Read More about Steadying Factors in the Article 267 TFEU Preliminary Reference Procedure.

Susceptibility to Countermeasures for Scenario 3 (Illegal, but Acceptable) and Scenario 4 (Illegal and Unacceptable) Rulings (2022)
Book Chapter
Cotter, J. (2022). Susceptibility to Countermeasures for Scenario 3 (Illegal, but Acceptable) and Scenario 4 (Illegal and Unacceptable) Rulings. . Edward Elgar Publishing. https://doi.org/10.4337/9781788979559.00017

This chapter, the final chapter in Part II, to test the hypothesis established in Chapter 6, analyses the extent to which the Court of Justice will become vulnerable to countervailing power countermeasures in circumstances where it ceases to act judi... Read More about Susceptibility to Countermeasures for Scenario 3 (Illegal, but Acceptable) and Scenario 4 (Illegal and Unacceptable) Rulings.

Susceptibility to Countermeasures for Scenario 1 (Legal and Acceptable) Rulings (2022)
Book Chapter
Cotter, J. (2022). Susceptibility to Countermeasures for Scenario 1 (Legal and Acceptable) Rulings. . Edward Elgar Publishing. https://doi.org/10.4337/9781788979559.00014

This chapter tests the hypothesis established in Chapter 6 by exploring the likelihood of the Court of Justice's countervailing powers employing countermeasures where the Court renders a ‘scenario 1' rulings. These are rulings that adhere to the le... Read More about Susceptibility to Countermeasures for Scenario 1 (Legal and Acceptable) Rulings.

Appendix 9: Approximate Length of Post-Educational Active Work in Some Aspect of the Law of the Current Judges of the Court of Justice Appointed Pursuant to Now Article 253 TFEU at the Date of Appointment (2022)
Book Chapter
Cotter, J. (2022). Appendix 9: Approximate Length of Post-Educational Active Work in Some Aspect of the Law of the Current Judges of the Court of Justice Appointed Pursuant to Now Article 253 TFEU at the Date of Appointment. . Edward Elgar Publishing. https://doi.org/10.4337/9781788979559.00033

This forward-thinking book examines numerous features in the European Union (EU) legal system that serve to reduce legal uncertainty in the preliminary reference procedure and the rulings of the Court of Justice. Drawing on theories from legal realis... Read More about Appendix 9: Approximate Length of Post-Educational Active Work in Some Aspect of the Law of the Current Judges of the Court of Justice Appointed Pursuant to Now Article 253 TFEU at the Date of Appointment.

Appendix 8: Approximate Length of Post-Educational Active Work in Some Aspect of the Law of the Former Judges of the Court of Justice Appointed Pursuant to Now Article 253 TFEU at the Date of Appointment (2022)
Book Chapter
Cotter, J. (2022). Appendix 8: Approximate Length of Post-Educational Active Work in Some Aspect of the Law of the Former Judges of the Court of Justice Appointed Pursuant to Now Article 253 TFEU at the Date of Appointment. . Edward Elgar Publishing. https://doi.org/10.4337/9781788979559.00032

This forward-thinking book examines numerous features in the European Union (EU) legal system that serve to reduce legal uncertainty in the preliminary reference procedure and the rulings of the Court of Justice. Drawing on theories from legal realis... Read More about Appendix 8: Approximate Length of Post-Educational Active Work in Some Aspect of the Law of the Former Judges of the Court of Justice Appointed Pursuant to Now Article 253 TFEU at the Date of Appointment.

Appendix 3: Legal Education and Training of the Current Judges of the Court of Justice Appointed Pursuant to Now Article 253 TFEU (2022)
Book Chapter
Cotter, J. (2022). Appendix 3: Legal Education and Training of the Current Judges of the Court of Justice Appointed Pursuant to Now Article 253 TFEU. . Edward Elgar Publishing. https://doi.org/10.4337/9781788979559.00027

This forward-thinking book examines numerous features in the European Union (EU) legal system that serve to reduce legal uncertainty in the preliminary reference procedure and the rulings of the Court of Justice. Drawing on theories from legal realis... Read More about Appendix 3: Legal Education and Training of the Current Judges of the Court of Justice Appointed Pursuant to Now Article 253 TFEU.

Appendix 2: Legal Education and Training of the Former Judges of the Court of Justice Appointed Pursuant to Now Article 253 TFEU (2022)
Book Chapter
Cotter, J. (2022). Appendix 2: Legal Education and Training of the Former Judges of the Court of Justice Appointed Pursuant to Now Article 253 TFEU. . Edward Elgar Publishing. https://doi.org/10.4337/9781788979559.00026

This forward-thinking book examines numerous features in the European Union (EU) legal system that serve to reduce legal uncertainty in the preliminary reference procedure and the rulings of the Court of Justice. Drawing on theories from legal realis... Read More about Appendix 2: Legal Education and Training of the Former Judges of the Court of Justice Appointed Pursuant to Now Article 253 TFEU.

Appendix 10: Level of Law Conditioning of the Judges of the Court of Justice (1952-Present) (2022)
Book Chapter
Cotter, J. (2022). Appendix 10: Level of Law Conditioning of the Judges of the Court of Justice (1952-Present). . Edward Elgar Publishing. https://doi.org/10.4337/9781788979559.00034

This forward-thinking book examines numerous features in the European Union (EU) legal system that serve to reduce legal uncertainty in the preliminary reference procedure and the rulings of the Court of Justice. Drawing on theories from legal realis... Read More about Appendix 10: Level of Law Conditioning of the Judges of the Court of Justice (1952-Present).