Precedents and case-based reasoning in the European Court of Justice : unfinished business / Marc Jacob.

Format:

Book

Author/Creator:

Jacob, Marc A., 1979- author.

Language:

English

Subjects (All):

Court of Justice of the European Communities.

Stare decisis--European Union countries.

Stare decisis.

Case-based reasoning--European Union countries.

Case-based reasoning.

Judgments--European Union countries.

Judgments.

European Union countries.

Physical Description:

1 online resource (xv, 339 pages) : digital, PDF file(s)

Other Title:

Precedents & Case-Based Reasoning in the European Court of Justice

Place of Publication:

Cambridge : Cambridge University Press, 2014.

System Details:

text file

PDF

Summary:

Past cases are the European Court of Justice's most prominent tool in making and justifying the rulings and decisions which affect the everyday lives of more than half a billion people. Marc Jacob's detailed analysis of the use of precedents and case-based reasoning in the Court uses methods such as doctrinal scholarship, empirical research, institutional analysis, comparative law and legal theory in order to unravel and critique the how and why of the Court's precedent technique. In doing so, he moves the wider debate beyond received 'common law' versus 'civil law' figments and 'Eurosceptic' versus 'Euromantic' battle lines, and also provides a useful blueprint for assessing and comparing the case law practices of other dispute resolution bodies.

Contents:

Introduction

Setting precedents : law made in Luxembourg

Determining the essence of ECJ precedents

Precedent application by the ECJ

Avoiding ECJ precedents I : distinguishing

Avoiding ECJ precedents II : departing

ECJ precedents incontext

The normativity of ECJ precedents

Conclusions and suggestions.

Notes:

Title from publisher's bibliographic system (viewed on 05 Oct 2015).

Other Format:

Print version:

ISBN:

9781107053762

Access Restriction:

Restricted for use by site license.