Research Handbook on Legal Pluralism and EU Law
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Research Handbook on Legal Pluralism and EU Law

Edited by Gareth Davies and Matej Avbelj

The Research Handbook on Legal Pluralism and EU Law explores the diversity of phenomenon of overlapping legal systems within the European Union, the nature of their interactions, and how they deal with the difficult question of the legal hierarchy between them. The contributors reflect on the history, sociology and legal scholarship on constitutional and legal pluralism, and develop this further in the light of the challenges currently facing the EU.
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Chapter 4: From pluralism to perspectivism

Kaarlo Tuori


The chapter discusses two alternative readings of European constitutional pluralism: radical and dialogical pluralism. The conflictual reading emphasizes that no higher principle or neutral arbiter exists to resolve a controversy between contending jurisdictions, such as German constitutional law and EU law. Two main versions of the conflictual reading exist: Kelsenian and Koskenniemian. Without denying the existence or relevance of jurisdictional controversies, the dialogical reading cautions against overdramatizing them and draws attention to the potential of crossjurisdictional dialogue and cooperation. The chapter connects pluralism to perspectivism, inherent in all law, and defines perspectivism in legal cultural terms, which also facilitates an understanding of the possibility of interlegality. The theoretical issues are discussed in the light of the recent OMT case involving the German Constitutional Court and the ECJ.

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