Does Anythin Hang on the Autonomy of EU Law?
(Series Information) European Papers - A Journal on Law and Integration, 2023 8(3), 1293-1299 | Article | (Abstract) Jurisprudential accounts of the autonomy of EU law have struggled to offer a compelling account of its unique features. Nevertheless, I argue that Ronald Dworkin’s court-centric metho...
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| Format: | Article |
| Language: | English |
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European Papers (www.europeanpapers.eu)
2024-02-01
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| Series: | European Papers |
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| Online Access: | https://www.europeanpapers.eu/en/e-journal/does-anything-hang-autonomy-eu-law |
| _version_ | 1827348936848834560 |
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| author | George Letsas |
| author_facet | George Letsas |
| author_sort | George Letsas |
| collection | DOAJ |
| description | (Series Information) European Papers - A Journal on Law and Integration, 2023 8(3), 1293-1299 | Article | (Abstract) Jurisprudential accounts of the autonomy of EU law have struggled to offer a compelling account of its unique features. Nevertheless, I argue that Ronald Dworkin’s court-centric methodological approach is better-suited than Hartian positivism to shed light on the notion that EU law is autonomous. This is because most questions about the autonomy of EU law, when asked from a positivist perspective, are of little or no practical significance and philosophical inquiry will inevitably be inconclusive. By contrast, the autonomy of EU law is routinely employed as a normative principle helping EU courts to decide the issue of which party should win the case at hand. It is better understood as a shorthand reference to a political requirement, namely that EU courts ought to identify the main values behind European integration and to build – as opposed to find in the extant legal materials – a coherent body of principles. |
| first_indexed | 2024-03-08T00:20:44Z |
| format | Article |
| id | doaj.art-2979456476eb46f888feb6ced8dcf7ef |
| institution | Directory Open Access Journal |
| issn | 2499-8249 |
| language | English |
| last_indexed | 2024-03-08T00:20:44Z |
| publishDate | 2024-02-01 |
| publisher | European Papers (www.europeanpapers.eu) |
| record_format | Article |
| series | European Papers |
| spelling | doaj.art-2979456476eb46f888feb6ced8dcf7ef2024-02-16T09:28:09ZengEuropean Papers (www.europeanpapers.eu)European Papers2499-82492024-02-012023 831293129910.15166/2499-8249/718Does Anythin Hang on the Autonomy of EU Law?George Letsas0University College London(Series Information) European Papers - A Journal on Law and Integration, 2023 8(3), 1293-1299 | Article | (Abstract) Jurisprudential accounts of the autonomy of EU law have struggled to offer a compelling account of its unique features. Nevertheless, I argue that Ronald Dworkin’s court-centric methodological approach is better-suited than Hartian positivism to shed light on the notion that EU law is autonomous. This is because most questions about the autonomy of EU law, when asked from a positivist perspective, are of little or no practical significance and philosophical inquiry will inevitably be inconclusive. By contrast, the autonomy of EU law is routinely employed as a normative principle helping EU courts to decide the issue of which party should win the case at hand. It is better understood as a shorthand reference to a political requirement, namely that EU courts ought to identify the main values behind European integration and to build – as opposed to find in the extant legal materials – a coherent body of principles.https://www.europeanpapers.eu/en/e-journal/does-anything-hang-autonomy-eu-lawhartdworkininterpretivismlegal positivismlegal systemsadjudication |
| spellingShingle | George Letsas Does Anythin Hang on the Autonomy of EU Law? European Papers hart dworkin interpretivism legal positivism legal systems adjudication |
| title | Does Anythin Hang on the Autonomy of EU Law? |
| title_full | Does Anythin Hang on the Autonomy of EU Law? |
| title_fullStr | Does Anythin Hang on the Autonomy of EU Law? |
| title_full_unstemmed | Does Anythin Hang on the Autonomy of EU Law? |
| title_short | Does Anythin Hang on the Autonomy of EU Law? |
| title_sort | does anythin hang on the autonomy of eu law |
| topic | hart dworkin interpretivism legal positivism legal systems adjudication |
| url | https://www.europeanpapers.eu/en/e-journal/does-anything-hang-autonomy-eu-law |
| work_keys_str_mv | AT georgeletsas doesanythinhangontheautonomyofeulaw |