The legal order of the European Union : the institutional role of the European Court of Justice

The objective of European integration serves as an ideal of the legal order of the European Union and invites reconsideration of law's conceptual features. This book critically assesses the legal order of the European Union, focusing on the operative aspects of the Union constitution with particular reference to the institutional practices of the Court of Justice in expressing the values underlying this constitution. Drawing together positivist and non-positivist accounts within an institutional understanding of law, Timothy Moorhead breaks new ground in applying a range of analytic jurisprudential perspectives to the Union legal order, and in employing the theoretical resources provided by the Union to model a revised conceptual viewpoint concerning legal order generally. In offering this conceptual approach, Moorhead emphasises the flexibility inherent in law's institutional character as the basis for a theoretical rationalisation of the Union legal order. This book will be of great use and interest to scholars and students of European Union Law, Jurisprudence and European Constitutionalism. The objective of European integration serves as an ideal of the legal order of the European Union and invites reconsideration of law's conceptual features. This book critically assesses the legal order of the European Union, focusing on the operative aspects of the Union constitution with particular reference to the institutional practices of the Court of Justice in expressing the values underlying this constitution. Drawing together positivist and non-positivist accounts within an institutional understanding of law, Timothy Moorhead breaks new ground in applying a range of analytic jurisprudential perspectives to the Union legal order, and in employing the theoretical resources provided by the Union to model a revised conceptual viewpoint concerning legal order generally. In offering this conceptual approach, Moorhead emphasises the flexibility inherent in law's institutional character as the basis for a theoretical rationalisation of the Union legal order. This book will be of great use and interest to scholars and students of European Union Law, Jurisprudence and European Constitutionalism "Positivist and non-positivist theoretical accounts of the concept or practice of law have debated the role played by values as possible features of legal ordering or possible conditions of legality. These debates concern whether law is properly understood as a descriptively accessible social fact, or is linked to a discursively accessible realm of 'abstract' normativity. Such debates arguably fail to fully account for the sense in which values operate within the legal order of the European Union, an order which is based upon the realisation of a complex objective, that of European integration. This legal order illustrates that, providing the moral concerns associated with 'rule of law' legal orders are maintained, additional values relating to the achievement of a co-operative political, social or economic enterprise can operate as fundamental or higher legal standards. The book considers the values underlying legal ordering by reference to the law of the European Union and as expressed through the practices of the European Court of Justice. The book examines the relationship between Union and Member State legal orders and the institutional practices of the Court of Justice in giving effect to the values associated with the Union legal order. The conditioning of Union legal demands to take in institutional context is contrasted with the potential legal authority arising under the Treaties as a matter of international law. The book combines diverse theoretical insights regarding law along with analysis of case judgments of the Court of Justice in order to show how the EU legal order is indicative of a broader understanding of the role of values within legal orders than that portrayed in current theoretical accounts"-- Provided by publisher "The objective of European integration serves as an ideal of the legal order of the European Union and invites reconsideration of the conceptual features of law. This book critically assesses the legal order of the European Union and the practices of the Court of Justice from an analytic jurisprudential perspective. The analysis focuses on the operative features of the European Union constitution with particular reference to the institutional practices of the Court of Justice in expressing the underlying values of this constitution. Considering positivist, non-positivist and institutional legal theoretical accounts, Timothy Moorhead breaks new ground in applying a range of analytic jurisprudential perspectives to the Union legal order, and by employing theoretical resources provided by the Union to model a revised conceptual viewpoint concerning legal order generally. By offering this conceptual approach Moorhead emphasises the necessarily flexible, institutional character of legal order, to provide a theoretical rationalisation of Union. This book will be of great use and interest to scholars and students of European Law, Jurisprudence and European Constitutionalism"-- Provided by publisher Cover......Page 1 Title Page......Page 4 Copyright Page......Page 5 Dedication......Page 6 Table of Contents......Page 8 1 Introductory chapter......Page 10 2 Theoretical perspectives on law and the law of the European Union......Page 24 3 Institutional perspectives on the legal order of the European Union......Page 46 4 The Court of Justice......Page 59 5 The values of the European Union legal order: constitutional perspectives......Page 75 6 Union or Member State Kompetenz Kompetenz: constitutional questions in the relationship between Union and domestic orders......Page 95 7 European Union law as international law......Page 117 8 Concluding chapter......Page 135 Bibliography......Page 154 Index......Page 166