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Document Details : Title: Authority of the CJEU Subtitle: Navigating the Gap between Claim and Belief Author(s): SKRBIC, Aristel Journal: Ethical Perspectives Volume: 31 Issue: 3 Date: 2024 Pages: 193-221 DOI: 10.2143/EP.31.3.3293952 Abstract : Authority of the CJEU has come under increasing stress over the past years. The most acute manifestation of this problem is the growing number of ultra vires judgements by high national courts, from Germany to Poland, which explicitly challenge the supremacy of the Court and one of the core structures of the EU legal system. In this paper I draw on Paul’s Ricoeur’s interpretation of Max Weber’s concept of Herrschaft or authority. This theoretical framework allows me to advance a number of arguments that can help explain the current crisis from a perspective currently lacking in the literature. The upshot is a more fine-grained understanding of the discourses which aim to legitimate the authority of the CJEU, allowing us to appreciate the successes and failures of these strategies of legitimation. |
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