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Legal Certainty in the Preliminary Reference Procedure

The Role of Extra-Legal Steadying Factors

9781788979542 Edward Elgar Publishing
John Cotter, Lecturer in Law, School of Law, Keele University, UK
Publication Date: May 2022 ISBN: 978 1 78897 954 2 Extent: c 320 pp
This forward-thinking book examines numerous features in the European Union (EU) legal system that serve to reduce legal uncertainty in the preliminary reference procedure and the rulings of the Court of Justice. Drawing on theories from legal realist Karl Llewellyn, legal steadying factors such as legal doctrine and interpretative techniques are reviewed alongside the primary focus of this book, extra-legal steadying factors.

 
 

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This forward-thinking book examines numerous features in the European Union (EU) legal system that serve to reduce legal uncertainty in the preliminary reference procedure and the rulings of the Court of Justice. Drawing on theories from legal realist Karl Llewellyn, legal steadying factors such as legal doctrine and interpretative techniques are reviewed alongside the primary focus of this book, extra-legal steadying factors.
 
As well as focusing on the contribution made by judges’ legal backgrounds, John Cotter also investigates the role of the balance between institutional and personal independence and accountability. He further applies Karl Llewellyn’s approach and re-models it into a European setting, identifying the EU legal system features that assist in promoting decisional steadiness in the preliminary reference procedure.
 
Exploring also the significance of procedural rules and practices at the Court of Justice in steadying outcomes, this book will be an excellent resource for scholars of the EU legal system. Its analysis of the role of factors that steadying the rulings of the Court of Justice of the European Union will also make this a useful read for legal theorists interested in examining the factors that influence judicial decision-making.
Critical Acclaim
‘Scholars of EU law have long neglected the works of American legal theorists, and the value they possess for establishing stronger insights into the EU legal order. In utilising the work of Llewellyn, and applying it to a European judicial setting, this book by Cotter is a remarkable piece of scholarship in EU legal theory, and on the judicial nature of the Court of Justice of the European Union.’
– Graham Butler, Aarhus University, Denmark

‘How can legal certainty be ensured in the preliminary rulings procedure? Drawing on the work of Karl Llewellyn, John Cotter’s important book identifies certain “steadying factors” that can help in the search for robust judicial outcomes. It will appeal to anyone interested in the CJEU and EU law more broadly.’
– Anthony Arnull, University of Birmingham, UK
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