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Oxford Studies in European Law

Legislative Authority and Interpretation in the European Union

van den Brink, Martijn (Postdoctoral Fellow, Jacques Delors Centre, Postdoctoral Fellow, Jacques Delors Centre, Hertie School)

Legislative Authority and Interpretation in the European Union

Oxford Studies in European Law

Legislative Authority and Interpretation in the European Union

Oxford Studies in European Law: Legislative Authority and Interpretation in the European Union

 

This book explores the EU legislative process and asks how moving the legislature to the centre of legal analysis changes our understanding of the EU Court of Justice's role. The book offers a theory of legislative interpretation that enables judicial officials to interpret legislation in accordance with legislative intent.


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Beschrijving Oxford Studies in European Law: Legislative Authority and Interpretation in the European Union

Although legislation has in the past decades become the legal cornerstone of European integration, the EU legislature remains systematically neglected in EU legal scholarship. This book explores the virtues of the legislative process and the nature of legislative acts and asks how moving the legislature from the sidelines to the centre of legal analysis changes our understanding of the EU Court of Justice's role.

The first part of the book examines how the CJEU should exercise its authority relative to the legislature. The author argues that as the legislature lends democratic legitimacy to EU law and is a better lawmaker than the judiciary, that judicial deference to the legislature's choices is required in all but exceptional circumstances.

The second part of the book sets forth a theory of legislative interpretation that enables judicial officials to respect the wishes of the legislature. This theory shows, first, that the legislature can aggregate the intentions of individual legislators into a coherent legislative intent, and second, how this legislative intent can be identified from the publicly available legislative material.


ISBN
9780198900085
Pagina's
272
Verschijnt
Serie
Oxford Studies in European Law
NUR
820
Druk
1
Uitvoering
Hardback
Taal
Engels
Uitgever
OUP Oxford

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