| Title: | The EU and the many faces of legal pluralism toward a coherent or uniform EU legal order? |
|---|
| Authors: | ID Avbelj, Matej, Nova univerza (Author) |
|---|
| Files: |  CYELP_vol_2_14_Avbelj.pdf (96,76 KB)
MD5: 34D1A7A25C6A3201E80E11C967B70CEC
|
|---|
| Language: | English |
|---|
| Work type: | Article |
|---|
| Typology: | 1.01 - Original Scientific Article |
|---|
| Organization: | EVRO-PF - Nova Univerza - European Faculty of Law
|
|---|
| Abstract: | In the last decade or so, legal academia has witnessed a literal explosion of discourse of legal pluralism. Far from being an exception here, the field of EU law is at the forefront.1 In this paper we will try to explain briefly what the reasons for this are, and above all what legal pluralism, in its various forms, actually stands for. For this purpose, we will compare the so-called classical conceptions of legal pluralism on the one hand, and legal pluralism as it has emerged in the European Union on the other hand. It will be argued that the classical conceptions of legal pluralism fall short of explaining, and are conceptually different from, the legal pluralism that has been taking root within the EU. Having understood this difference, we will then focus more precisely - and this will constitute the core of the paper - on the European Union and the pluralist challenges that ensue from the uneasy and complex relationships between the legal orders of the Member States and the supranational legal order. The core question in that regard is how to approach the challenges that EU legal pluralism in its various forms and degrees poses for the role that the law is expected to play in the European Union. It will be claimed that the two different responses to this question are: either by preserving EU legal pluralism or by thwarting it, namely, by conceptualising and developing the EU legal order as a coherent or as a uniform legal order. Finally, it will be argued that since each of these two models seems to presume a different image of the European Union, the choice between the two depends on which should better ensure certainty in the allocation of rights and duties that best fits the conception of justice prevailing in the EU.
|
|---|
| Geographic coverage: | Evropska unija; |
|---|
| Publication date: | 01.01.2006 |
|---|
| Year of publishing: | 2006 |
|---|
| Number of pages: | str. 377-391 |
|---|
| Numbering: | Vol. 2 |
|---|
| Source: | Croatian yearbook of European law & policy |
|---|
| PID: | 20.500.12556/ReVIS-11844  |
|---|
| COBISS.SI-ID: | 14226994 |
|---|
| UDC: | 341 |
|---|
| ISSN on article: | 1845-5662 |
|---|
| Publication date in ReVIS: | 24.06.2025 |
|---|
| Views: | 77 |
|---|
| Downloads: | 0 |
|---|
| Metadata: |    |
|---|
|
:
|
Copy citation |
|---|
| | | | Share: |  |
|---|
Hover the mouse pointer over a document title to show the abstract or click
on the title to get all document metadata. |
