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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.

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.

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.

Appendix 9: Approximate Length of 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 at the Date of Appointment (2022)
Book Chapter
Cotter, J. (2022). Appendix 9: Approximate Length of 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 at the Date of Appointment. . Edward Elgar Publishing. https://doi.org/10.4337/9781788979559.00033

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 9: Approximate Length of 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 at the Date of Appointment.

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.

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 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.

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 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.

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.

The Steadying Effect of Law-Conditioned Officials (2022)
Book Chapter
Cotter, J. (2022). The Steadying Effect of Law-Conditioned Officials. . Edward Elgar Publishing. https://doi.org/10.4337/9781788979559.00010

This chapter, the first in Part I, discusses the role of judges' legal educational and professional backgrounds in steadying their judicial decisions. The chapter commences by acknowledging a significant obstacle to legal certainty: that the pressure... Read More about The Steadying Effect of Law-Conditioned Officials.

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.

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 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 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.

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.

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 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 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.

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.

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.

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.

Lessons from Roman law: EU law in England and Wales after Brexit (2019)
Journal Article
Cotter, J., & Dewhurst, E. (2019). Lessons from Roman law: EU law in England and Wales after Brexit. The Law Teacher, 53(2), 173 - 188. https://doi.org/10.1080/03069400.2019.1585074

The experience of Roman law in legal education in England and Wales may serve as a cautionary tale for EU law post-Brexit. Similarly, past debates as to the position of Roman law in the curriculum may also be instructive in the EU law context. After... Read More about Lessons from Roman law: EU law in England and Wales after Brexit.

“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”.

"Keep Calm and Carry on': EU Legal Developments in 2016 (2017)
Journal Article
Cotter. (2017). "Keep Calm and Carry on': EU Legal Developments in 2016. Journal of Common Market Studies, 88 - 101. https://doi.org/10.1111/jcms.12580

For reasons not requiring much exposition, 2016 was an annus horribilis for the EU. A review of the EU judiciary’s 2016 activity reveals that the constituent courts of the Court of Justice of the EU (CJEU), the Court of Justice and the General Court,... Read More about "Keep Calm and Carry on': EU Legal Developments in 2016.