- Title Pages
- General Editors' Preface
- Acknowledgements
- List of Contributors
- Table of Cases
- Abbreviations
- 1 Binding Unity in EU Legal Order: An Introduction
- 2 Experiences from Professional Practice: Some Steps towards Empirical Research
- 3 Translation at the Court of Justice of the European Communities
- 4 Rights in the European Landscape: A Historical and Comparative Profile
- 5 Rights in EU Law
- 6 EU Rights and Discretion as Reflected in Spanish Public Law
- 7 Protection of Rights: How Far?
- 8 On Discretion
- 9 Discretion, Divergence, and Unity
- 10 Divergence and the <i>Francovich</i> Remedy in German and English Courts
- 11 Stability and Flexibility in Administrative Decision Making: The Community Law Influence on Discretion with Respect to Administrative Decisions in German Law
- 12 Democracy and Direct Effect: EU and National Perceptions
- 13 Discretion and Public Policy: Timing the Unity and Divergence of Legal Orders
- 14 Laws at Cross-Purposes: Conceptual Confusion and Political Divergence<sup>1</sup>
- 15 Binding Unity and Divergence while Creating a Common European Culture of Energy Regulation
- 16 Conceptual Convergence and Judicial Cooperation in Sex Equality Law
- 17 On the Unity of European Labour Law
- 18 A Case of Multidirectional Constitutional Transplant in the EU: Infra-state Law and Regionalism
- 19 Back to the <i>Begriffshimmel</i>?<sup>1</sup> A Plea for an Analytical Perspective in European Law
- 20 Conceptual Divergence, Functionalism, and the Economics of Convergence
- 21 Towards an Internally Consistent Doctrine on Invoking Norms of EU Law
- Index
Towards an Internally Consistent Doctrine on Invoking Norms of EU Law
Towards an Internally Consistent Doctrine on Invoking Norms of EU Law
- Chapter:
- (p.495) 21 Towards an Internally Consistent Doctrine on Invoking Norms of EU Law
- Source:
- The Coherence of EU Law
- Author(s):
Koen Lenaerts
Tim Corthaut
- Publisher:
- 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
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- Title Pages
- General Editors' Preface
- Acknowledgements
- List of Contributors
- Table of Cases
- Abbreviations
- 1 Binding Unity in EU Legal Order: An Introduction
- 2 Experiences from Professional Practice: Some Steps towards Empirical Research
- 3 Translation at the Court of Justice of the European Communities
- 4 Rights in the European Landscape: A Historical and Comparative Profile
- 5 Rights in EU Law
- 6 EU Rights and Discretion as Reflected in Spanish Public Law
- 7 Protection of Rights: How Far?
- 8 On Discretion
- 9 Discretion, Divergence, and Unity
- 10 Divergence and the <i>Francovich</i> Remedy in German and English Courts
- 11 Stability and Flexibility in Administrative Decision Making: The Community Law Influence on Discretion with Respect to Administrative Decisions in German Law
- 12 Democracy and Direct Effect: EU and National Perceptions
- 13 Discretion and Public Policy: Timing the Unity and Divergence of Legal Orders
- 14 Laws at Cross-Purposes: Conceptual Confusion and Political Divergence<sup>1</sup>
- 15 Binding Unity and Divergence while Creating a Common European Culture of Energy Regulation
- 16 Conceptual Convergence and Judicial Cooperation in Sex Equality Law
- 17 On the Unity of European Labour Law
- 18 A Case of Multidirectional Constitutional Transplant in the EU: Infra-state Law and Regionalism
- 19 Back to the <i>Begriffshimmel</i>?<sup>1</sup> A Plea for an Analytical Perspective in European Law
- 20 Conceptual Divergence, Functionalism, and the Economics of Convergence
- 21 Towards an Internally Consistent Doctrine on Invoking Norms of EU Law
- Index
