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Philosophical Foundations of European Union Law$
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Julie Dickson and Pavlos Eleftheriadis

Print publication date: 2012

Print ISBN-13: 9780199588770

Published to Oxford Scholarship Online: January 2013

DOI: 10.1093/acprof:oso/9780199588770.001.0001

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Precedent and the Court of Justice

Precedent and the Court of Justice

A Jurisprudence of Doubt?

Chapter:
(p.307) 12 Precedent and the Court of Justice
Source:
Philosophical Foundations of European Union Law
Author(s):

Takis Tridimas

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199588770.003.0012

This chapter examines the doctrine of stare decisis in relation to the first and the third constituency. It looks at the methodology of the European Court of Justice in distinguishing precedent, express and implicit overruling, and the quasi-normative effect of precedent. The picture that emerges is that of a judicial behavior which is close in result, albeit not in methodology, to that of Ango-Saxon supreme courts which adhere to the doctrine of stare decisis.

Keywords:   European Union, EU law, European court of justice, stare decisis, judicial behavior, supreme courts, express overruling, implicit overruling, precedents

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