Legal certainty in the preliminary reference procedure : the role of extra-legal steadying factors /: the role of extra-legal steadying factors. (2022)

• Record Type: Book
• Further Information: Note: John Cotter.
• Authors: (Barrister), Cotter, John
• Contents: Obstacles to legal certainty in the preliminary reference procedure -- Steadying factors in the Article 267 TFEU preliminary reference procedure -- The argument and first principles -- The steadying effect of "law-conditioned officials" -- The judges of the Court of Justice and "law conditioning" -- The steadying effect of an independence-accountability balance : a hypothesis -- Susceptibility to countermeasures for "Scenario 1" ("legal" and "acceptable") rulings -- Susceptibility to lawful countermeasures for "Scenario 2" ("legal", but "unacceptable) rulings -- Susceptibility to unlawful countermeasures for "scenario 2" ("legal", but "unacceptable") rulings -- Susceptibility to countermeasures for "scenario 3" ("illegal", but "acceptable") and "scenario 4" ("illegal" and "unacceptable") rulings -- The order for reference as "steadying factor I" : "issues Limited, sharpened, and phrased in advance" -- The order for reference as "steadying factor" II : "a frozen record from below" -- The steadying effect of argument before the Court of Justice -- The steadying effect of "a known bench" -- "Steadying factors" in deliberative and decision-making procedures -- Appendix 1: Legal education and training of the judges of the Court of Justice appointed pursuant to Article 32 ECSC -- Appendix 2: Legal education and training of the former judges of the Court of Justice appointed pursuant to now Article 253 TFEU -- Appendix 3: Legal education and training of the current judges of the Court of Justice appointed pursuant to Now Article 253 TFEU -- Appendix 4: Post-educational 'active work in some aspect of the law' of the judges of the Court of Justice appointed pursuant to Article 32 ECSC -- Appendix 5: Post-educational 'active work in some aspect of the law' of the former judges of the Court of Justice appointed pursuant to now Article 253 TFEU -- Appendix 6: Post-educational 'active work in some aspect of the law of the current judges of the Court of Justice appointed pursuant to now Article 253 TFEU -- Appendix 7: Approximate length of post-educational 'active work in some aspect of the law' of the judges of the Court of Justice appointed pursuant to Article 32 ECSC at the date of appointment -- Appendix 8: Approximate length of post-educational 'active work in some aspect of the law' of the former judges of the Court of Justice appointed pursuant to now Article 253 TFEU at the date of appointment -- Appendix 9: Approximate length of post-educational 'active work in some aspect of the law' of the current judges of the Court of Justice appointed pursuant to now Article 253 TFEU at the date of appointment -- Appendix 10: Level of law conditioning of the judges of the Court of Justice (1952-present).
• Publisher Details: Cheltenham, UK Northampton, Massachusetts : Edward Elgar Publishing Limited
• Publication Date: 2022
• Extent: 1 online resource
• Subjects: 341.2422284; Legal certainty -- European Union countries; Advisory opinions -- European Union countries; Judicial opinions -- European Union countries; Electronic books; Influence
• Languages: English
• ISBNs: 9781788979559; 1788979559
• Related ISBNs: 9781788979542
• Notes: Note: Includes bibliographical references and index.; Note: Online resource; title from title screen (Elgaronline, viewed on May 23, 2022).
• Access Rights: Legal Deposit; Only available on premises controlled by the deposit library and to one user at any one time; The Legal Deposit Libraries (Non-Print Works) Regulations (UK).
• Access Usage: Restricted: Printing from this resource is governed by The Legal Deposit Libraries (Non-Print Works) Regulations (UK) and UK copyright law currently in force.