Jump to ContentJump to Main Navigation
The Coherence of EU LawThe Search for Unity in Divergent Concepts$
Users without a subscription are not able to see the full content.

Sacha Prechal and Bert van Roermund

Print publication date: 2008

Print ISBN-13: 9780199232468

Published to Oxford Scholarship Online: January 2009

DOI: 10.1093/acprof:oso/9780199232468.001.0001

Show Summary Details
Page of

PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2020. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 23 November 2020

Laws at Cross-Purposes: Conceptual Confusion and Political Divergence 1

Laws at Cross-Purposes: Conceptual Confusion and Political Divergence 1

Chapter:
(p.315) 14 Laws at Cross-Purposes: Conceptual Confusion and Political Divergence1
Source:
The Coherence of EU Law
Author(s):

Bert van Roermund

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199232468.003.0014

The hypothesis of the research project reported in this volume is that basic concepts of EU law are conceptually divergent in spite of their lexical similarity, due to the fact that they are rooted in, and revert back into, domestic legal frameworks that have cogent ways of their own of rewriting facts in terms of legal consequences. This chapter argues that this hypothesis must be refined. Conceptual divergence is the epiphenomenon of two more basic forces: conceptual confusion and political divergence. There is a lack of conceptual clarity pervading community as well as domestic law in our times, both of which appear to be driven by and followed by divergent political pursuits from various legal agents, not all of them Member States.

Keywords:   EU law, discretion, divergence, legal power, domestic law

Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us .