Interpretive harmonisation through the use of autonomous legal concepts: autonomy in form

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Chapter 6 in The Autonomous Legal Concept of Communication to the Public, 2023, pp 115-138 from Edward Elgar Publishing

Abstract: The analysis in this chapter reviews CJEU’s interpretive harmonisation of the legal concept of the economic right. More specifically, the legal instrument of general principles of EU law allowed the EU law to obtain precedence over international and national law. The role of general principles is centred on providing a legal basis for emancipation from origins in international and national law. The general principles are interlinked with the interpretation of secondary EU law; thus, they form the skeleton for the substance of the autonomous legal concept. Furthermore, they provide the rationale for emancipation of this legal concept from international and national law, making the legal standing of the legal concept autonomous in form in relation to them. Therefore, the foundation for the precedence of the EU legal order in the hierarchical ladder of valid law is found in the autonomy in form which enables this autonomous legal standing.

Keywords: Law - Academic (search for similar items in EconPapers)
Date: 2023
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