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The Coherence of EU LawThe Search for Unity in Divergent Concepts$
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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

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

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

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

Bert van Roermund

Oxford University Press

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

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