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Conceptual explanation of European Union law

In: Understanding the Nature of Law

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Abstract

This chapter offers a second illustration of how constructive conceptual explanation proceeds by testing conceptual accounts against observable social reality. Unlike the last chapter, which was restricted to consideration of a particular type of modern sovereign state, this chapter turns to conceptual investigation of a particular example of nonstate law, European Union (EU) law. One of the central philosophical puzzles emerging from reflection on the nature of EU law is how best to understand the rival supremacy claims – regarding the ultimate source of validity of EU norms – made respectively by member-state courts and the European Court of Justice. In this context, strict adherence to the method of conceptual analysis results in a logically incoherent descriptive-explanation of EU law, and for this reason, constructive conceptual explanation must be pursued.

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  • ., 2015. "Conceptual explanation of European Union law," Chapters, in: Understanding the Nature of Law, chapter 6, pages 135-160, Edward Elgar Publishing.
    • Handle: RePEc:elg:eechap:16589_6
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    10. Göbel, Christine & Teitscheid, Petra & Friedrich, Silke & Langen, Nina & Speck, Melanie & Engelmann, Tobias & Rohn, Holger, 2017. "Implementing Sustainable Business Models in the Hospitality Sector with the Help of a Mission Statement," 2018 International European Forum (163rd EAAE Seminar), February 5-9, 2018, Innsbruck-Igls, Austria 276926, International European Forum on System Dynamics and Innovation in Food Networks.
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    12. Ionuț MIȘA & Meral KAGITCI, 2020. "BEPS – A challenge for the increasing budget revenues in the process of digitalization," Theoretical and Applied Economics, Asociatia Generala a Economistilor din Romania - AGER, vol. 0(4(625), W), pages 331-344, Winter.
    13. Lijesen, Mark & Behrens, Christiaan, 2017. "The spatial scope of airline competition," Transportation Research Part E: Logistics and Transportation Review, Elsevier, vol. 99(C), pages 1-13.

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