Reason and Authority in the European Court of Justice

72 Pages Posted: 12 Jan 2009

See all articles by Vlad Perju

Vlad Perju

Boston College - Law School

Abstract

This Article makes the case for a discursive turn in European law. Contrary to the prevailing view, politicizing the judicial discourse of the European Court of Justice would strengthen, more than undermine, the Court's authority. This argument is made with reference to the ECJ's reason giving practice, specifically to the relation between the form and content of its decisions. Allowing its members to write separate opinions will enable the Court to redefine its role on the European institutional and political stages The Article then answers doctrinal, institutional and juriscultural objections to its central thesis.

Keywords: European law, supranational courts, international courts

Suggested Citation

Perju, Vlad, Reason and Authority in the European Court of Justice. Virginia Journal of International Law, Vol. 49, No. 2, 2009; Boston College Law School Legal Studies Research Paper No. 170. Available at SSRN: https://ssrn.com/abstract=1324333

Vlad Perju (Contact Author)

Boston College - Law School ( email )

885 Centre Street
Newton, MA 02459-1163
United States

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