francuski

La valeur des précédents dans la jurisprudence de la Cour

he present contribution explores some critical aspects of judicial precedents in the case law of the Court of Justice. The contribution is divided into three parts. The first part dwells on the definition and genesis of judicial precedents. The second part endeavors to identify the source from which judicial precedents derive their authority. Finally, the third part focuses on the relationship between the Court’s legitimacy and the value of its judicial precedents. It is emphasized that decisions of the Court must be sufficiently clear and reasoned to ensure that the interpretation of the law does not encroach upon the prerogatives of the legislator and is accessible to the public at large, since they redefine the content of general legislation. It is hence concluded that the legitimacy of the Court and of its judicial precedents is dependent on the clarity and coherence of the Court’s decisions.

La valeur des précédents

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