Precedents and Case-Based Reasoning in the European Court of Justice
Unfinished Business

Marc Jacob analyses in depth the most important justificatory and decision-making tool of one of the world's most powerful courts.

Marc Jacob (Author)

9781107045491, Cambridge University Press

Hardback, published 20 March 2014

351 pages, 6 b/w illus.
23.5 x 15.8 x 2.3 cm, 0.64 kg

'… provide[s] important insights into the use of precedents in the case law of international arbitral tribunals and the European Court of Justice.' Niels Petersen, European Journal of International Law

Past cases are the European Court of Justice's most prominent tool in making and justifying the rulings and decisions which affect the everyday lives of more than half a billion people. Marc Jacob's detailed analysis of the use of precedents and case-based reasoning in the Court uses methods such as doctrinal scholarship, empirical research, institutional analysis, comparative law and legal theory in order to unravel and critique the how and why of the Court's precedent technique. In doing so, he moves the wider debate beyond received 'common law' versus 'civil law' figments and 'Eurosceptic' versus 'Euromantic' battle lines, and also provides a useful blueprint for assessing and comparing the case law practices of other dispute resolution bodies.

1. Introduction
2. Setting precedents: law made in Luxembourg
3. Determining the essence of ECJ precedents
4. Precedent application by the ECJ
5. Avoiding ECJ precedents I: distinguishing
6. Avoiding ECJ precedents II: departing
7. ECJ precedents in context
8. The normativity of ECJ precedents
9. Conclusions and suggestions.

Subject Areas: Arbitration, mediation & alternative dispute resolution [LNAC5], Jurisprudence & general issues [LA], Law [L], EU & European institutions [JPSN2]