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Media type:
E-Article
Title:
Options between legislative intervention and judicial collaboration: improving the effectiveness and coherence of EU law?
Contributor:
Kenny, Mel
Published:
School of Law, Queen's University Belfast, 2020
Published in:
Northern Ireland Legal Quarterly, 63 (2020) 4, Seite 435-448
Language:
Not determined
DOI:
10.53386/nilq.v63i4.397
ISSN:
2514-4936;
0029-3105
Origination:
Footnote:
Description:
This article reflects on ways to improve the effectiveness and coherence of EU law in the light of consolidation proposals emerging inter alia from the (Draft) Common Frame of Reference initiative. After supplying a map of effectiveness (section 2) and ways in which gaps in effectiveness have been addressed (section 3), the paper reflects on the reform options: ranging from legislative intervention to jurisdictional realignment (section 4). The paper illuminates the hard cases (Mangold and Abbey National) at the margins of effectiveness (section 5); cases which alert us to more collaborative ways in which to address the ‘variable geometry’ and fragmentation of EU and ‘Europeanised’ law. The paper argues for a reconceptualisation of effectiveness and challenges the EU fixation with top-down, legislative intervention.