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The Coherence of EU Law
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The Coherence of EU Law: The Search for Unity in Divergent Concepts

Sacha Prechal and Bert van Roermund

Abstract

The EU legal order sits above a diverse mix of 27 national legal systems, with some 23 different languages. Amongst such diversity, how can the unity and coherence of the European legal system be guaranteed? Is there a common understanding between lawyers from different national backgrounds as to the meaning and application of EU law? In addressing these issues the idea of ‘common concepts’ has played a crucial role. It is argued that the unity of the system is guaranteed by the consistent application of certain core principles shaping the law. Believers in common concepts argue that there is ... More

Keywords: common concepts, core principles, divergent concepts, protection of rights, judicial discretion, EU law, unity, coherence

Bibliographic Information

Print publication date: 2008 Print ISBN-13: 9780199232468
Published to Oxford Scholarship Online: January 2009 DOI:10.1093/acprof:oso/9780199232468.001.0001

Authors

Affiliations are at time of print publication.

Sacha Prechal, editor
Professor of European Law, University of Utrecht

Bert van Roermund, editor
Professor in the Philosophy of Law, Tilburg University

Contents

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1 Binding Unity in EU Legal Order: An Introduction

Sacha Prechal, and Bert van Roermund

Part I Observations from Legal Practice

2 Experiences from Professional Practice: Some Steps towards Empirical Research

Sacha Prechal, Linda Senden, Bert van Roermund, and Thomas Vandamme

Part II Rights

5 Rights in EU Law

Saša Beljin

6 EU Rights and Discretion as Reflected in Spanish Public Law

Ricardo Alonso García, Leonar Moral Soriano, and Carmen Plaza Martín

Part III Discretion

8 On Discretion

Roberto Caranta

PART IV Policy Areas

17 On the Unity of European Labour Law

Emilios Christodoulidis, and Ruth Dukes

Part V Outlooks

End Matter