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, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 28 January 2021

Towards an Internally Consistent Doctrine on Invoking Norms of EU Law

Towards an Internally Consistent Doctrine on Invoking Norms of EU Law

(p.495) 21 Towards an Internally Consistent Doctrine on Invoking Norms of EU Law
The Coherence of EU Law

Koen Lenaerts

Tim Corthaut

Oxford University Press

This chapter discusses the way in which EU norms can be invoked. It determines how, in dialogue with national courts, the ECJ has sent out diverging signals as to when norms of EU law can be invoked. On the one hand, divergence flows from conflicting conceptual approaches to invocability; on the other hand, it can be linked to the piecemeal construction of case law. Moreover, the introduction of the Third Pillar instruments has created further uncertainty. It is argued that divergence can be overcome. The chapter then restates an alternative reading of case law which recalls the role played by primacy in invoking norms of EU law.

Keywords:   European law, European Court of Justice, national courts, divergence, Third Pillar instruments

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 .