Law, Politics and Morality: European Perspectives II
On Knowledge and Adjudication of National and European Law, Schriften zur Rechts
Ferrer Beltrán, Jordi / Narvaéz Mora, /
Erschienen am
01.01.2006
Beschreibung
InhaltsangabeInhalt: J. Ferrer Beltrán / M. Narváez Mora, Introduction - I. Turégano Mansilla, Constitution and Democracy in the European Construction Process. Regarding Some Reflections by Jürgen Habermas - G. Maniaci, The Role of Rationality in Judicial Argumentation - O. Raban, Legislation, Adjudication and Justification - V. Champeil-Desplats, Legal Reasoning and Plurality of Values. Axio-Teleological Conflicts of Norms - I. Lifante Vidal, Interpretation and Judicial Discretion - G. Marcilla Córdoba, Iura Novit Curia, Law Crisis, and the European Building Process - G. Itzcovich, Sovereignty, Legal Pluralism, and Fundamental Rights. Italian Jurisprudence and European Integration (1964-1973) - J. Holmes, Human Rights Protection in European Community Law. The Problem of Standards - J. Ferrer Beltrán, Right to Proof and Rationality of Judicial Decisions - F. Poggi, Proving Intention. Some General Remarks
Autorenportrait
pproach to the new legal and institutional challenges facing the European Union is not immune to this problem. Little public attention is paid to actual law emanating from EU institutions, and even less to its application. However, at least three issues of vital importance can easily be seen to originate in this field: (1) Does legal harmonisation among EU countries also mean harmonisation of criteria and forms of justification of judicial reasoning? (2) What is the relationship between each country's internal laws and European law at the application stage? And (3) what is the relationship between the application of law by European-level legal bodies and national bodies, which may, for example, assume differing levels of protection of individual rights?