Chapter

Precedent and the Court of Justice

Takis Tridimas

in Philosophical Foundations of European Union Law

Published in print October 2012 | ISBN: 9780199588770
Published online January 2013 | e-ISBN: 9780191741029 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780199588770.003.0012

Series: Philosophical Foundations of Law

Precedent and the Court of Justice

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This chapter examines the doctrine of stare decisis in relation to the first and the third constituency. It looks at the methodology of the European Court of Justice in distinguishing precedent, express and implicit overruling, and the quasi-normative effect of precedent. The picture that emerges is that of a judicial behavior which is close in result, albeit not in methodology, to that of Ango-Saxon supreme courts which adhere to the doctrine of stare decisis.

Keywords: European Union; EU law; European court of justice; stare decisis; judicial behavior; supreme courts; express overruling; implicit overruling; precedents

Chapter.  13350 words. 

Subjects: EU Law

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