The concept of legislation in European Community law: a comparative perspective

Abstract:

A notable trend in recent scholarship on the nature of the European Union and its democratic legitimacy focuses on the concept of 'legislation' and its employment within the European Community's legal system. In this work, Alexander Türk exposes and elucidates the underlying uncertainty as to the meaning of the term, and even its legitimate use, within the Community's legal order. He arrives at a clear evaluation of the extent to which the concept of legislation can be applied in the EC through a comparative analysis of the British, French, and German constitutional systems, and proceeds to reveal and highlight aspects of the concept of legislation derived from this analysis appearing in areas of EC law.

A number of crucially significant insights emerge, among them the following: the distinction between 'legislation in form' and 'legislation in substance'; defining the addressee of Community acts; judicial determination of the general application of an act; the relevance of the EU's system of functional (rather than personal) representation; and the co-decision and assent procedures of the EU institutions as 'legislation in form'.

All those interested in the nature of the EC legal system and the state of its development will find this study rewarding. Building on detailed analysis of EC case law and on prior scholarship, the book shows the way to a new understanding of the relevance of the concept of legislation to the solution of some of the EU s most pressing legal issues.

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