Skip to main content Accessibility help
×
Hostname: page-component-788cddb947-r7bls Total loading time: 0 Render date: 2024-10-10T01:52:31.842Z Has data issue: false hasContentIssue false

6 - Conclusion

Published online by Cambridge University Press:  15 September 2022

Christoph Krenn
Affiliation:
Max Planck Institute for Comparative Public Law and International Law, Heidelberg
Get access

Summary

In this book, I have argued that the ECJ’s procedural and organisational law has for a long time ideally fit the Court’s role in the EU’s political system but that this is no longer the case. The ECJ’s mandate has developed, and the Court’s model of decision-making should follow suit. The normative framework to develop this argument has been built on the works of three legal and political theorists: Christoph Möllers, Niklas Luhmann and Jürgen Habermas. While Möllers has helped to understand the ECJ’s original design, Luhmann’s and Habermas’ contrasting visions on the role of courts have allowed to conceptualise the main tension underlying the current ECJ procedural and organisational law. Luhmann speaks the technical language of administration and organisation. Life is complex. Things need to work. To reduce uncertainty and foster stability is what the legal system and courts are for. Jürgen Habermas offers a different perspective. He seeks to open the cold world of legal rules to a public and equal discourse on what is right and just. Justice is for Habermas much more than courts deciding like cases alike. Courts need to aim making decisions that everyone affected can potentially agree to.

Type
Chapter
Information
Publisher: Cambridge University Press
Print publication year: 2022

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure coreplatform@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

  • Conclusion
  • Christoph Krenn
  • Book: The Procedural and Organisational Law of the European Court of Justice
  • Online publication: 15 September 2022
  • Chapter DOI: https://doi.org/10.1017/9781009247924.007
Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

  • Conclusion
  • Christoph Krenn
  • Book: The Procedural and Organisational Law of the European Court of Justice
  • Online publication: 15 September 2022
  • Chapter DOI: https://doi.org/10.1017/9781009247924.007
Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Conclusion
  • Christoph Krenn
  • Book: The Procedural and Organisational Law of the European Court of Justice
  • Online publication: 15 September 2022
  • Chapter DOI: https://doi.org/10.1017/9781009247924.007
Available formats
×