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Article
Reason and Authority in the European Court of Justice
Virginia Journal of International Law
  • Vlad F. Perju, Boston College Law School
Document Type
Article
Publication Date
1-9-2009
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.

Citation Information
Vlad F. Perju. "Reason and Authority in the European Court of Justice" Virginia Journal of International Law Vol. 49 (2009) p. 307 - 378
Available at: http://works.bepress.com/vlad_perju/5/