Steadying Factors in the Article 267 TFEU Preliminary Reference Procedure

Cotter, John

Abstract

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 his book The Common Law Tradition, together with key concepts central to an understanding of these theories. Thereafter, criticisms of Llewellyn's thesis are considered, followed by an attempt to re-model his thesis in light of those criticisms. The problems with the application of this re-modelled thesis to the Court of Justice are then considered.

Citation

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

• Acceptance Date: May 6, 2022
• Publication Date: May 6, 2022
• Deposit Date: Jun 2, 2023
• Pages: 12-37
• ISBN: 9781788979559; 9781788979542; 9781788979559
• DOI: https://doi.org/10.4337/9781788979559.00007