Susceptibility to Countermeasures for Scenario 3 (Illegal, but Acceptable) and Scenario 4 (Illegal and Unacceptable) Rulings

Cotter, John

Abstract

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 judicially or in adherence with legal doctrine and accepted techniques. Two further ruling scenarios are analysed: 'scenario 3' rulings (rulings which lack adherence to legal doctrine and accepted techniques), but are substantively acceptable to all the Court's countervailing powers) and 'scenario 4' rulings (rulings that do not adhere to legal doctrine and accepted techniques and are not substantively acceptable to all the Court's countervailing powers).

Citation

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

• Acceptance Date: May 6, 2022
• Publication Date: May 6, 2022
• Deposit Date: Jun 2, 2023
• Pages: 164-169
• ISBN: 9781788979559; 9781788979542; 9781788979559
• DOI: https://doi.org/10.4337/9781788979559.00017