IDEAS home Printed from https://ideas.repec.org/h/elg/eechap/21996_6.html
   My bibliography  Save this book chapter

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

In: The Autonomous Legal Concept of Communication to the Public

Author

Listed:
  • .

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.

Suggested Citation

  • ., 2023. "Interpretive harmonisation through the use of autonomous legal concepts: autonomy in form," Chapters, in: The Autonomous Legal Concept of Communication to the Public, chapter 6, pages 115-138, Edward Elgar Publishing.
    • Handle: RePEc:elg:eechap:21996_6
    as

    Download full text from publisher

    File URL: https://www.elgaronline.com/view/9781035302239.00012.xml
    Download Restriction: no
    ---><---

    More about this item

    Keywords

    Law - Academic;

    Statistics

    Access and download statistics

    Corrections

    All material on this site has been provided by the respective publishers and authors. You can help correct errors and omissions. When requesting a correction, please mention this item's handle: RePEc:elg:eechap:21996_6. See general information about how to correct material in RePEc.

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    We have no bibliographic references for this item. You can help adding them by using this form .

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your RePEc Author Service profile, as there may be some citations waiting for confirmation.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: Darrel McCalla (email available below). General contact details of provider: http://www.e-elgar.com .

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.

    IDEAS is a RePEc service. RePEc uses bibliographic data supplied by the respective publishers.