All Outputs (34)

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.

Steadying Factors in Deliberative and Decision-making Procedures (2022)
Book Chapter
Cotter, J. (2022). Steadying Factors in Deliberative and Decision-making Procedures. . Edward Elgar Publishing. https://doi.org/10.4337/9781788979559.00023

This chapter, the final chapter in Part III, considers the role of the final stage of a preliminary reference (the deliberation and decision stage) in promoting legal certainty. The final two of Llewellyn's 'steadying factors' categorised in this boo... Read More about Steadying Factors in Deliberative and Decision-making Procedures.

Obstacles to Legal Certainty in the Preliminary Reference Procedure (2022)
Book Chapter
Cotter, J. (2022). Obstacles to Legal Certainty in the Preliminary Reference Procedure. . Edward Elgar Publishing. https://doi.org/10.4337/9781788979559.00006

This chapter establishes the meaning of the concept of legal certainty and its constituent value, predictability, in the EU legal system, before identifying obstacles to legal certainty in the general sense and in the specific case of EU legal system... Read More about Obstacles to Legal Certainty in the Preliminary Reference Procedure.

Legal Certainty in the Preliminary Reference Procedure (2022)
Book
Cotter, J. (2022). Legal Certainty in the Preliminary Reference Procedure. Edward Elgar Publishing. https://doi.org/10.4337/9781788979559

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 Legal Certainty in the Preliminary Reference Procedure.

Conclusion (2022)
Book Chapter
Cotter, J. (2022). Conclusion. . Edward Elgar Publishing. https://doi.org/10.4337/9781788979559.00024

To Everything There is a Season: Instrumentalising Article 10 TEU to Exclude Undemocratic Member State Representatives from the European Council and the Council (2022)
Journal Article
Cotter, J. (2022). To Everything There is a Season: Instrumentalising Article 10 TEU to Exclude Undemocratic Member State Representatives from the European Council and the Council. European Law Review, 47(1), 69-84. https://doi.org/10.2139/ssrn.4032080

This paper presents the argument that art. 10 TEU could be utilised to confront the problem of undemocratic Member State representatives in the European Council and the Council. First, it is contended that art. 10(2) TEU, read with the principle of r... Read More about To Everything There is a Season: Instrumentalising Article 10 TEU to Exclude Undemocratic Member State Representatives from the European Council and the Council.

Just Say No! Appeals Against Orders for a Preliminary Reference (2020)
Journal Article
Cotter, J. (2020). Just Say No! Appeals Against Orders for a Preliminary Reference. European Public Law, 26(3), 615-642. https://doi.org/10.54648/euro2020058

Can an order for a preliminary reference to the Court of Justice of the European Union (the Court), made by a lower instance national court, be subject to an appeal to a higher instance national court? To date, the Court has not been sufficiently cle... Read More about Just Say No! Appeals Against Orders for a Preliminary Reference.

“Bob Dylan and the Law” (2018)
Digital Artefact
Cotter, J. (2018). “Bob Dylan and the Law”. [Blog style article]

There was a time when much of the writing about Bob Dylan’s work consisted of the hagiographic musings of eccentric obsessives known as ‘Dylanologists’. In more recent years, however, analysis of Dylan’s body of work has become a more respectable pur... Read More about “Bob Dylan and the Law”.

“Let’s give the emperor some (real) clothes!” (2018)
Digital Artefact
Cotter, J. (2018). “Let’s give the emperor some (real) clothes!”. [Blog style article]

“Who will Protect Us from Westminster” (2017)
Digital Artefact
Cotter, J. (2017). “Who will Protect Us from Westminster”. [Blog style article]

Human Rights Protection and the Perils of Majoritarian Democracy: The Prospective Demise of the EU’s Charter of Fundamental Rights (CFREU) in the UK (2017)
Digital Artefact
Cotter, J. (2017). Human Rights Protection and the Perils of Majoritarian Democracy: The Prospective Demise of the EU’s Charter of Fundamental Rights (CFREU) in the UK. [Blog style article]

R (Miller) v The Secretary of State for Exiting the European Union [2016] EWHC 2768 (Admin) : Realpolitik and the Revocation of an Article 50 TEU Notification to Withdraw (2016)
Digital Artefact
Cotter, J. (2016). R (Miller) v The Secretary of State for Exiting the European Union [2016] EWHC 2768 (Admin) : Realpolitik and the Revocation of an Article 50 TEU Notification to Withdraw. [Blog style article]

When the Court can Reverse its Decision (2014)
Journal Article
Cotter, J. (2014). When the Court can Reverse its Decision

It is a long established principle that a court has jurisdiction to reverse its decision at any time until the order is perfected, but not afterwards.1 Until early 2013, the courts of England and Wales had taken a restrictive approach in identifying... Read More about When the Court can Reverse its Decision.

The German Federal Constitutional Court and welfare benefits for asylum seekers: Consequences for the direct provision and dispersal scheme in Ireland? (2013)
Journal Article
Cotter. (2013). The German Federal Constitutional Court and welfare benefits for asylum seekers: Consequences for the direct provision and dispersal scheme in Ireland?