Skip to main content

Research Repository

Advanced Search

All Outputs (46)

Democracy Manifest? Ensuring the EU Legislature’s Democratic Legitimacy in the Face of National-Level Autocratisation (2025)
Journal Article
Cotter, J. (2025). Democracy Manifest? Ensuring the EU Legislature’s Democratic Legitimacy in the Face of National-Level Autocratisation. European Papers - A Journal on Law and Integration, 10(2), 489-515. https://doi.org/10.15166/2499-8249/842

There are numerous means through which EU institutions can seek to enforce the value of democracy under Article 2 TEU. However, each of these mechanisms may contain weaknesses in the face of determined national-level autocrats. The possibility that a... Read More about Democracy Manifest? Ensuring the EU Legislature’s Democratic Legitimacy in the Face of National-Level Autocratisation.

Impeachment as an EU Law Concept (2025)
Journal Article
Cotter, J. (2025). Impeachment as an EU Law Concept. Cambridge Yearbook of European Legal Studies, 25, 1-19. https://doi.org/10.1017/cel.2025.2

This article is the first panoramic survey of the various, idiosyncratic procedures relating to the removal for cause of EU institutional officeholders scattered throughout the Union’s primary and secondary law. After describing these provisions, the... Read More about Impeachment as an EU Law Concept.

The President of the European Commission and the Power to Request a Commissioner's Resignation (2024)
Journal Article
Cotter, J., & Butler, G. (2024). The President of the European Commission and the Power to Request a Commissioner's Resignation. Common Market Law Review, 61(3), 593 – 622. https://doi.org/10.54648/cola2024044

Article 17(6) TEU provides that a Commissioner "shall resign if the [Commission] President so requests". This terminology appears absolute and suggests that the President's power to (essentially) dismiss a Commissioner summarily is one related to con... Read More about The President of the European Commission and the Power to Request a Commissioner's Resignation.

Appendix 6: 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 (2022)
Book Chapter
Cotter, J. (2022). Appendix 6: 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. . Edward Elgar Publishing. https://doi.org/10.4337/9781788979559.00030

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 6: 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.

Index (2022)
Book Chapter
Cotter, J. (2022). Index. . Edward Elgar Publishing. https://doi.org/10.4337/9781788979559.00036

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 Index.

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.

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.

Appendix 7: Approximate Length of Post-Educational Active Work in Some Aspect of the Law of the Judges of the Court of Justice Appointed Pursuant to Article 32 ECSC at the Date of Appointment (2022)
Book Chapter
Cotter, J. (2022). Appendix 7: Approximate Length of Post-Educational Active Work in Some Aspect of the Law of the Judges of the Court of Justice Appointed Pursuant to Article 32 ECSC at the Date of Appointment. . Edward Elgar Publishing. https://doi.org/10.4337/9781788979559.00031

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 7: Approximate Length of Post-Educational Active Work in Some Aspect of the Law of the Judges of the Court of Justice Appointed Pursuant to Article 32 ECSC at the Date of Appointment.

Appendix 5: 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 (2022)
Book Chapter
Cotter, J. (2022). Appendix 5: 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. . Edward Elgar Publishing. https://doi.org/10.4337/9781788979559.00029

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 5: 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.

Appendix 4: Post-Educational Active Work in Some Aspect of the Law of the Judges of the Court of Justice Appointed Pursuant to Article 32 ECSC (2022)
Book Chapter
Cotter, J. (2022). Appendix 4: Post-Educational Active Work in Some Aspect of the Law of the Judges of the Court of Justice Appointed Pursuant to Article 32 ECSC. . Edward Elgar Publishing. https://doi.org/10.4337/9781788979559.00028

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 4: Post-Educational Active Work in Some Aspect of the Law of the Judges of the Court of Justice Appointed Pursuant to Article 32 ECSC.

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).

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.