PRECEDENTS OF SOLUTION AND COURT OF JUSTICE OF EUROPEAN UNION

• Authors: Filip Gołba

Title variants

EN

PRECEDENTS OF SOLUTION AND COURT OF JUSTICE OF EUROPEAN UNION

• Languages of publication: PL

Abstracts

PL

Article elaborates on how Court of Justice of European Union treats its precedential rulings. Its principal purpose is to examine the distinction between precedent of solution and precedent of interpretation and assess whether the distinctionmay serve the purpose of reconciliation of Court of Justice’s heavy reliance on precedent with reluctance toward recognising precedent as a formal source of law manifested by civil law lawyers. According to some scholars, Court of Justice’sprecedents are merely precedents of interpretation, therefore they are not instance of judge-made law. Herein, it is argued, that the distinction is insufficient to prove their conviction is right.

Keywords

PL

European Court of Justice; precedent of solution; precedent of interpretation

• Publisher: Katolicki Uniwersytet Lubelski Jana Pawła II
• Journal: Review of European and Comparative Law
• Year: 2016
• Volume: 25
• Issue: 2
• Pages: 61-72

Dates

published

2020-12-20

Contributors

author

Filip Gołba

Identifiers

DOI

10.31743/recl.11763