All Outputs (31)

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 Lawful Countermeasures for Scenario 2 (Legal, but Unacceptable) Rulings (2022)
Book Chapter
Cotter, J. (2022). Susceptibility to Lawful Countermeasures for Scenario 2 (Legal, but Unacceptable) Rulings. . Edward Elgar Publishing. https://doi.org/10.4337/9781788979559.00015

This chapter, to test the hypothesis established in Chapter 6, examines the extent to which the Court of Justice's countervailing powers may utilise lawful court-destroying, -harming, -curbing, or accountability measures where the Court adheres to le... Read More about Susceptibility to Lawful Countermeasures for Scenario 2 (Legal, but Unacceptable) Rulings.

Susceptibility to Unlawful Countermeasures for Scenario 2 (Legal, but Unacceptable) Rulings (2022)
Book Chapter
Cotter, J. (2022). Susceptibility to Unlawful Countermeasures for Scenario 2 (Legal, but Unacceptable) Rulings. . Edward Elgar Publishing. https://doi.org/10.4337/9781788979559.00016

This chapter, to test the hypothesis established in Chapter 6, examines the extent to which the Court of Justice's countervailing powers may utilise unlawful court-destroying, -harming, -curbing, or accountability measures where the Court adheres to... Read More about Susceptibility to Unlawful Countermeasures for Scenario 2 (Legal, but Unacceptable) Rulings.

The Argument and First Principles (2022)
Book Chapter
Cotter, J. (2022). The Argument and First Principles. . Edward Elgar Publishing. https://doi.org/10.4337/9781788979559.00008

This chapter describes the argument advanced in this book, as well the 'first principles' (working assumptions) that underpin that argument. Thereafter, a brief note of the structural overview of the argument in this book is provided. Finally, there... Read More about The Argument and First Principles.

The Judges of the Court of Justice and Law Conditioning (2022)
Book Chapter
Cotter, J. (2022). The Judges of the Court of Justice and Law Conditioning. . Edward Elgar Publishing. https://doi.org/10.4337/9781788979559.00011

This chapter, the final chapter in Part I, considers the education, training, and professional backgrounds of all former and present Judges of the Court of Justice and its predecessor to assess the extent to which those Judges may be described as law... Read More about The Judges of the Court of Justice and Law Conditioning.

The Order for Reference as Steadying Factor I: Issues Limited, Sharpened, and Phrased in Advance (2022)
Book Chapter
Cotter, J. (2022). The Order for Reference as Steadying Factor I: Issues Limited, Sharpened, and Phrased in Advance. . Edward Elgar Publishing. https://doi.org/10.4337/9781788979559.00019

This chapter, the first in Part III, considers the role of the first of six procedural steadying factors (examined in Chapters 11-15) in contributing to steadying preliminary rulings: issues Limited, sharpened, and phrased in advance'. The chapter de... Read More about The Order for Reference as Steadying Factor I: Issues Limited, Sharpened, and Phrased in Advance.

The Order for Reference as Steadying Factor II: A Frozen Record from Below (2022)
Book Chapter
Cotter, J. (2022). The Order for Reference as Steadying Factor II: A Frozen Record from Below. . Edward Elgar Publishing. https://doi.org/10.4337/9781788979559.00020

In this chapter, it is argued that the Order for Reference, in a manner consistent with Karl Llewellyn's seventh steadying factor ('a frozen record from below') serves to narrow the decisional discretion of the Court of Justice by removing from its d... Read More about The Order for Reference as Steadying Factor II: A Frozen Record from Below.

The Steadying Effect of A Known Bench (2022)
Book Chapter
Cotter, J. (2022). The Steadying Effect of A Known Bench. . Edward Elgar Publishing. https://doi.org/10.4337/9781788979559.00022

This chapter examines Karl Llewellyn's twelfth steadying factor, a 'known bench', in the context of how it might contribute to steadying outcomes in the preliminary reference procedure. The chapter commences with a brief description of Llewellyn's id... Read More about The Steadying Effect of A Known Bench.

The Steadying Effect of an Independence-Accountability Balance: A Hypothesis (2022)
Book Chapter
Cotter, J. (2022). The Steadying Effect of an Independence-Accountability Balance: A Hypothesis. . Edward Elgar Publishing. https://doi.org/10.4337/9781788979559.00013

This chapter, the first in Part II, presents a hypothesis (analysed in Chapters 7-10), which suggests the balance between independence and accountability at the CJEU contributes to steadying its rulings. The chapter commences with a description of Ll... Read More about The Steadying Effect of an Independence-Accountability Balance: A Hypothesis.

The Steadying Effect of Argument before the Court of Justice (2022)
Book Chapter
Cotter, J. (2022). The Steadying Effect of Argument before the Court of Justice. . Edward Elgar Publishing. https://doi.org/10.4337/9781788979559.00021

This chapter considers the utility of argument, both written and oral, before the Court of Justice in the preliminary reference procedure to reckonability of outcome. The chapter commences with a brief discussion of Karl Llewellyn's ninth steadying f... Read More about The Steadying Effect of Argument before the Court of Justice.

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.