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 17: Constitutional pluralism and judicial adjudication: on legal reasoning, minimalism and silence by the Court of Justice

Suvi Sankari

Abstract

For decades, the Court of Justice of the European Union has relatively successfully negotiated its way under circumstances which the theory of constitutional pluralism adequately portrays. In part, this achievement is due to the Court’s warranted minimalist approach to adjudication, its way of legal reasoning in interpreting EU law and the techniques with which it reserves space for communication, interaction and even conflict between legal orders. Building on existing accounts of both the Court’s practice and constitutional pluralism, this chapter concentrates on the prerequisite that the members of the community of judicial discourse understand the Court’s established patterns of legal interpretation and reasoning, as well as their role in maintaining the pluralist European legal order.

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