All Outputs (590)

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.

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.

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.

Susceptibility to Countermeasures for Scenario 1 (Legal and Acceptable) Rulings (2022)
Book Chapter
Cotter, J. (2022). Susceptibility to Countermeasures for Scenario 1 (Legal and Acceptable) Rulings. . Edward Elgar Publishing. https://doi.org/10.4337/9781788979559.00014

This chapter tests the hypothesis established in Chapter 6 by exploring the likelihood of the Court of Justice's countervailing powers employing countermeasures where the Court renders a ‘scenario 1' rulings. These are rulings that adhere to the le... Read More about Susceptibility to Countermeasures for Scenario 1 (Legal and Acceptable) Rulings.

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.

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.

Bibliography (2022)
Book Chapter
Cotter, J. (2022). Bibliography. . Edward Elgar Publishing. https://doi.org/10.4337/9781788979559.00035

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.

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.

Appendix 1: Legal Education and Training of the Judges of the Court of Justice Appointed Pursuant to Article 32 ECSC (2022)
Book Chapter
Cotter, J. (2022). Appendix 1: Legal Education and Training of the Judges of the Court of Justice Appointed Pursuant to Article 32 ECSC. . Edward Elgar Publishing. https://doi.org/10.4337/9781788979559.00025

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 1: Legal Education and Training of the Judges of the Court of Justice Appointed Pursuant to Article 32 ECSC.

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.

Situating the Right to Enjoy Legal Capacity (2022)
Book Chapter
Harding, R., Donnelly, M., & Tascioglu, E. (2022). Situating the Right to Enjoy Legal Capacity. In Supporting Legal Capacity in Socio-Legal Context. Hart Publishing

Directed and conditional uterus donation. (2022)
Journal Article
Parsons. (2022). Directed and conditional uterus donation. Journal of Medical Ethics, 810 - 815. https://doi.org/10.1136/medethics-2021-107902

Uterus transplantation (UTx) is highly anticipated for the benefits that it might bring to individuals wanting to carry a pregnancy in order to reproduce who do not have a functioning uterus. The surgery-now having been performed successfully in seve... Read More about Directed and conditional uterus donation..

Law and Resistance: Toward a Performative Epistemology of the Political Trial (2022)
Book
Allo, A. (2022). Law and Resistance: Toward a Performative Epistemology of the Political Trial

Online safety bill: ambiguous definitions of harm could threaten freedom of speech – instead of protecting it (2022)
Digital Artefact
Higson-Bliss, L. (2022). Online safety bill: ambiguous definitions of harm could threaten freedom of speech – instead of protecting it. [Blog Style Article]

One Vast Gasoline Station for Human Exploitation: Sovereignty as Anthropocentric Extraction (2022)
Presentation / Conference
Prost, M. (2022, March). One Vast Gasoline Station for Human Exploitation: Sovereignty as Anthropocentric Extraction. Presented at Manchester International Law Centre, MILC Seminar, Manchester, UK

Performing Disability Rights: State Reporting and Turkey's (Non)Engagement with the CRPD (2022)
Book Chapter
Tascioglu, E. (2022). Performing Disability Rights: State Reporting and Turkey's (Non)Engagement with the CRPD. In Supporting Legal Capacity in Socio-Legal Context (195-212). (1). Hart Publishing. https://doi.org/10.5040/9781509940370.ch-011

Prosecuting Communication Offences: Interpreting the Harms Model (2022)
Journal Article
Higson-Bliss. (2022). Prosecuting Communication Offences: Interpreting the Harms Model. Criminal Law Review, 271-289. https://doi.org/10.3316/agispt.20220322064068

This article explores the Law Commission’s 2021 paper - Modernising Communications Offences: a final report. The Commission recommends replacing the Malicious Communications Act 1988 and section 127(1) of the Communications Act 2003 with a new offen... Read More about Prosecuting Communication Offences: Interpreting the Harms Model.

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.

The Excessive Regulation of Early Abortion Medication in the UK: The Case for Reform. (2022)
Journal Article
Parsons. (2022). The Excessive Regulation of Early Abortion Medication in the UK: The Case for Reform. Medical Law Review, 4 - 32. https://doi.org/10.1093/medlaw/fwab042

Early medical abortion (EMA) involves the administration of two medications-mifepristone and misoprostol-24-48 hours apart. These routinely used medications are recognised as safe and effective by the World Health Organization which recommends this c... Read More about The Excessive Regulation of Early Abortion Medication in the UK: The Case for Reform..