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Law and LanguageCurrent Legal Issues Volume 15$
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Michael Freeman and Fiona Smith

Print publication date: 2013

Print ISBN-13: 9780199673667

Published to Oxford Scholarship Online: May 2013

DOI: 10.1093/acprof:oso/9780199673667.001.0001

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Precedent at the Court of Justice of the European Union: The Linguistic Aspect

Precedent at the Court of Justice of the European Union: The Linguistic Aspect

Chapter:
(p.483) 29 Precedent at the Court of Justice of the European Union: The Linguistic Aspect
Source:
Law and Language
Author(s):

Karen McAuliffe

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199673667.003.0297

The development of a de facto precedent in EU law has recently been the subject of significant academic debate. There is no official doctrine of precedent in EU law — historically, a doctrine of binding precedent would have been entirely inappropriate in what was originally a court of first and last resort. There is one important aspect of the development of a de facto precedent in European Court of Justice judgments which has been thus far overlooked in the literature: the linguistic aspect. This chapter seeks to address that gap in the literature by analysing the process behind the drafting of judgments at that court.

Keywords:   legal precedent, EU law, legal language, judgments, European Court of Justice

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