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The Reasoning of the Court of Justice of the EU: A Normative Assessment

Lonardo, Luigi and Loxa, Alezini LU orcid (2026)
Abstract
This edited volume aims to enrich the study of the Court of Justice of the EU by providing normative—as opposed to descriptive—assessments of its legal reasoning. Taking as a starting point a descriptive account of the Court’s adjudicative practice, which informs a shared conceptual basis from which the various contributions move, the volume offers a diverse collection of normative assessments of the CJEU’s reasoning. Specifically, it offers contributions looking both at the Court through an abstract, horizontal lens, that is, by focusing on techniques of adjudication across various policy-areas, and at specific areas of case law, proposing alternative interpretations based on different theoretical frameworks. While scholars have assessed... (More)
This edited volume aims to enrich the study of the Court of Justice of the EU by providing normative—as opposed to descriptive—assessments of its legal reasoning. Taking as a starting point a descriptive account of the Court’s adjudicative practice, which informs a shared conceptual basis from which the various contributions move, the volume offers a diverse collection of normative assessments of the CJEU’s reasoning. Specifically, it offers contributions looking both at the Court through an abstract, horizontal lens, that is, by focusing on techniques of adjudication across various policy-areas, and at specific areas of case law, proposing alternative interpretations based on different theoretical frameworks. While scholars have assessed the reasoning of the Court from specific perspectives (constitutional, democratic, social) or have endorsed the approach the Court follows, no conclusive work has ever combined both an abstract theoretical lens and an in-depth dive into specific areas of EU law, while at the same time maintaining strong conceptual unity. The various contributions highlight how complex, and necessarily pluralistic, a normative assessment of the Court must be. While the volume does not claim to provide a final answer to the question of what a ‘good’ judgment is, it develops assessments that rigorously engage with the text of a judicial decision based on openly acknowledged normative assumptions and theoretical grounding, specific criteria, and a shared understanding of the constraints under which the Court operates.

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editor
Lonardo, Luigi and LU orcid
organization
publishing date
type
Book/Report
publication status
published
subject
keywords
CJEU, Legal Theory, Legal reasoning, EU law, EU-rätt
pages
448 pages
publisher
Oxford University Press
ISBN
9780198982982
9780198983002
DOI
10.1093/9780198983002.001.0001
project
The Legal Reasoning of the Court of Justice of the EU: A Normative Assessment
language
English
LU publication?
yes
id
5863bef7-641d-4354-a85c-f0a74d13a1fd
date added to LUP
2025-09-03 18:15:45
date last changed
2026-06-01 11:38:04
@book{5863bef7-641d-4354-a85c-f0a74d13a1fd,
  abstract     = {{This edited volume aims to enrich the study of the Court of Justice of the EU by providing normative—as opposed to descriptive—assessments of its legal reasoning. Taking as a starting point a descriptive account of the Court’s adjudicative practice, which informs a shared conceptual basis from which the various contributions move, the volume offers a diverse collection of normative assessments of the CJEU’s reasoning. Specifically, it offers contributions looking both at the Court through an abstract, horizontal lens, that is, by focusing on techniques of adjudication across various policy-areas, and at specific areas of case law, proposing alternative interpretations based on different theoretical frameworks. While scholars have assessed the reasoning of the Court from specific perspectives (constitutional, democratic, social) or have endorsed the approach the Court follows, no conclusive work has ever combined both an abstract theoretical lens and an in-depth dive into specific areas of EU law, while at the same time maintaining strong conceptual unity. The various contributions highlight how complex, and necessarily pluralistic, a normative assessment of the Court must be. While the volume does not claim to provide a final answer to the question of what a ‘good’ judgment is, it develops assessments that rigorously engage with the text of a judicial decision based on openly acknowledged normative assumptions and theoretical grounding, specific criteria, and a shared understanding of the constraints under which the Court operates.<br/><br/>}},
  editor       = {{Lonardo, Luigi and Loxa, Alezini}},
  isbn         = {{9780198982982}},
  keywords     = {{CJEU; Legal Theory; Legal reasoning; EU law; EU-rätt}},
  language     = {{eng}},
  note         = {{Book Editor}},
  publisher    = {{Oxford University Press}},
  title        = {{The Reasoning of the Court of Justice of the EU: A Normative Assessment}},
  url          = {{http://dx.doi.org/10.1093/9780198983002.001.0001}},
  doi          = {{10.1093/9780198983002.001.0001}},
  year         = {{2026}},
}