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The Coherence of EU LawThe Search for Unity in Divergent Concepts$
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Sacha Prechal and Bert van Roermund

Print publication date: 2008

Print ISBN-13: 9780199232468

Published to Oxford Scholarship Online: January 2009

DOI: 10.1093/acprof:oso/9780199232468.001.0001

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Towards an Internally Consistent Doctrine on Invoking Norms of EU Law

Towards an Internally Consistent Doctrine on Invoking Norms of EU Law

Chapter:
(p.495) 21 Towards an Internally Consistent Doctrine on Invoking Norms of EU Law
Source:
The Coherence of EU Law
Author(s):

Koen Lenaerts

Tim Corthaut

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199232468.003.0021

This chapter discusses the way in which EU norms can be invoked. It determines how, in dialogue with national courts, the ECJ has sent out diverging signals as to when norms of EU law can be invoked. On the one hand, divergence flows from conflicting conceptual approaches to invocability; on the other hand, it can be linked to the piecemeal construction of case law. Moreover, the introduction of the Third Pillar instruments has created further uncertainty. It is argued that divergence can be overcome. The chapter then restates an alternative reading of case law which recalls the role played by primacy in invoking norms of EU law.

Keywords:   European law, European Court of Justice, national courts, divergence, Third Pillar instruments

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