Room Change to Pound 332 – Reason and Authority in the European Court of Justice: A Lecture & Discussion led by Prof. V. Perju (Boston College Law School)
ø
Professor Vlad Perju, Boston College, Law School
The European Court of Justice has long been criticized for its short judgments not explaining in enough detail the reasons for its decisions, particularly in comparison to the US Supreme Court. Come join the debate with prof. Vlad Perju, SJD ’07, who argues for a discursive turn in the ECJ’s legal reasoning. The argument addresses fundamental questions of judicial discourse, legal reasoning and legitimacy.
Citation:Virginia Journal of International Law, Vol. 49, No. 2, 2009
Boston College Law School Legal Studies Research Paper No. 170
Abstract:
This Article makes the case for a discursive turn in European law. Contrary to the prevailing view, politicizing the judicial discourse of the European Court of Justice would strengthen, more than undermine, the Court’s authority. This argument is made with reference to the ECJ’s reason giving practice, specifically to the relation between the form and content of its decisions. Allowing its members to write separate opinions will enable the Court to redefine its role on the European institutional and political stages The Article then answers doctrinal, institutional and juriscultural objections to its central thesis.
