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John Cotter's Outputs (28)

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.

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 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 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.

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.

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 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 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 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 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 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 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 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.