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Šadl U: Good Judgment

Good Judgment

The European Court of Justice as a Context-Conscious Lawmaker

1. Introduction a. The Main Claim b. The Structure i. The Premise ii. Contribution c. The Outline d. In Sum Part One: The Analytical Framework 2. Context Conscious Judging a. Four Perspectives on Context Conscious Judging i. Maximising Legal Values with Sound Legal Arguments ii. Maximising Power with Strategic Solutions iii. Maintaining Authority iv. Minimising Conflict by Muddling Through b. The Court's Context Conscious Reasoning and Political Power 3. Good Judgement a. From Context Conscious Judging to Good Judgment i. The Baseline: Model Application of Law and the Structure of Typical Justification ii. Non-binary Decisions: An Illustration iii. Conflicting Interests iv. Distinctions b. Three Types of Good Judgment c. Conclusion 4. Operationalising Good Judgment a. Three Steps of the Analysis b. The Parameters of Case Law i. Legal Characteristics ii. Case Characteristics c. Annotation of Judgments Conclusion to Part One Part Two: The Mechanics of Good Judgment 5. Persons a. Introduction b. The Rules Governing the Free Movement of Persons and European Citizens i. Treaty Rights, Legislative Acts, and the Competence to Regulate Free Movement ii. Citizenship Rights Directive: Consolidating Legislative Instruments, Case Law and Conflict c. Free Movement Disputes: Legal Issues d. The Parameters of Good Judgement i. Non-sanctioning Europeanisation of National Policies through the Prism of Proportionality, Discrimination and Compatibility Review ii. Individual Protection and Deferral of Authority in Judgments Upholding European Rights and Principles iii. Preserving State Autonomy in Judgments Advancing Free Movement of Persons Law iv. Relevant Information About Free Movement of Persons Cases e. Emblematic Judgments: Facts, Justification, Context, Implications i. Non-sanctioning Europeanisation of National Policies ii. Deferential Upholding of European Rights iii. Bounded Undesirable Interpretation f. Upholding Conflicting Interests - The Long Term 1954 - 2022 6. Goods a. Introduction b. The Legal Framework of Free Movement of Goods i. The Ambiguous Heart of the System ii. Rights at Stake and Interests at Play in the Case-law c. Free Movement Judgments: An Overview of Legal Questions d. The Parameters of Good Judgment i. Non-sanctioning Europeanisation of National Policies through the Prism of Proportionality, Discrimination and Compatibility Review ii. Deferral of Authority in Judgments Upholding Free Movement Rights and Principles iii. Preserving State Autonomy in Judgments Advancing Free Movement of Goods: Bounded Undesirable Interpretation iv. Relevant Information about Free Movement of Good Cases e. Emblematic Judgments: A Close Up i. The Non-sanctioning Europeanisation of National Policies ii. The Deferential Upholding of Free Movement Rights iii. The Bounded Undesirable Interpretation f. Upholding Conflicting Interests: The Long Term Part Three: The Mechanisms of Good Judgment Introduction i. Main Finding ii. Unpacking the Findings: The Roadmap a. Case Motivated Good Judgment i. The Applicants ii. The Case iii. The Institution (Idiosyncratic Good Judgment) b. Context-Motivated Good Judgment i. Recognising the Stakes ii. Honouring Fragile Consensus/Equilibrium iii. Adjusting to the Climate c. Alternative Tools of Context Conscious Judging i. Reframing Disputes ii. Mixed Signals iii. Low Stakes/Waiting for the Tide to Turn d. Appraisal 8. Conclusion a. Summary of the Argument b. Contribution c. Is Good Judgment a Good Idea?

Code of Federal Regulations, Title 42 Public Health

Regulations that apply to: medical personnel; medical care &amp; examinations; health related grants; fellowships, internships, and training; quarantine, inspection, and licensing; occupational safety and health research; health assessments; vaccines; Medicare &amp; medical assistance programs; and standards &amp; certification of facilities and services.

Code of Federal Regulations, TITLE 45 PUBLIC WELFARE 200-499, Revised as of October 1, 2022

This book addresses the interplay between the proportionality principle and EU digital law. Does EU digital law provide a fair balance of rights and interests? How does proportionality limit legislation in the digital economy? How can it be used to balance competing rights and interests? Diving into the dialectics of law and technology, the book analyses the relevance of the proportionality principle in regulating the digital world and as a vital tool for balancing competing rights and interests. The chapters analyse how conflicting rights and interests are resolved in EU digital law through the proportionality principle and critically reflect on its application. They scrutinise recent EU regulatory initiatives such as the GDPR, AI Act, Copyright Directive, DSA, and more. They reflect on the unique context of AI systems regulation, digital marketing, and data protection, illuminating the application and impact of proportionality in these arenas. Providing an in-depth examination of legal actors and real-life conflicts resolved by applying EU digital law, the book explains the pivotal role of the principle of proportionality in achieving an optimal balance of rights in our digital era.

Balancing Conflicting Rights and Interests

Proportionality in EU Digital Law

Modern Studies in European Law

Wider Europe and the Extended EU’s Legal Space

EU Neighbourhood Law

Hart Studies in Comparative Public Law

This book represents a unique contribution to comparative legal studies by presenting the results of an empirical research project on the use of foreign precedents in constitutional interpretation in 31 jurisdictions worldwide. It expands and updates the outcomes presented in the previous successful book The Use of Foreign Precedents by Constitutional Judges, edited by Tania Groppi and Marie-Claire Ponthoreau and published in 2013 as Volume 1 of the series Hart Studies in Comparative Public Law. This new research, covering countries from all the continents, with special attention to some of the emerging jurisdictions of the Global South, confirms that the practice of making explicit use of foreign precedents is still limited both quantitatively and qualitatively. Judicial dialogue only exists in common law jurisdictions and, even there, 'judicial bricolage' is much more common than 'judicial comparativism'. Since the previous edition, this practice has gone hand in hand with new developments in constitutional law, such as the democratic erosion and backsliding, the emergence of populist movements, the increasing role of regional human rights courts, which in many cases overshadowed foreign sources, and the end of a global vision of constitutionalism. Applying a quantitative and a qualitative analysis, with the support of tables and data, the book gives a more complete picture of the practice of citing foreign precedents in this new and challenging era, resulting in essential reading for comparative and constitutional legal scholars.

The Use of Foreign Precedents by Constitutional Judges in the 21st Century

Judicial Bricolage

The Transformation of European Administrative Law

Judging Composite Decision-Making

"Separation of powers is the time-tested touchstone of the legitimate exercise of power in modern democracies. This collection examines decision-making in the EU's multilayered and polycentric constitutional structure through this lens. The focus on separation of powers reveals how strong executive powers collaborate in the EU as a single source of public power, which is not sufficiently counterbalanced by parliaments or the judiciary. The collection explores 3 policy fields marked by crisis: the economic and monetary union (EMU), migration, and trade. This important work illustrates how different branches of government co-determine each others' powers"--

The Dynamics of Powers in the European Union

This book offers the first thorough legal analysis of the practice of mixity since the Lisbon Treaty, providing the perspectives of international, EU, and national law. It sets out a detailed theoretical understanding of mixity, the common commercial policy, and the recent case law of the EU Court of Justice. It assesses recent practice and current challenges, such as the non-ratification of mixed agreements, ensuring parliamentary participation in EU treaty-making, the new architecture for concluding EU trade and investment agreements, as well as the new trade agreement between the EU and the UK post-Brexit. In so doing, the author argues that in the field of trade and investment, mixity is no longer a procedural technique to overcome legal uncertainties about competence allocations between the EU and the Member States. Instead, mixity has become a deliberate substantive design choice. This brings a fresh and innovative perspective to a key tenet of EU external relations law.

Moving Beyond Mixity

EU Trade and Investment Treaty-Making Post-Lisbon

The often-forgotten global story of how the Confederacy lost its bid for sovereign nationhood In 1861, proslavery secessionists severed ties with the United States, launched the Confederacy, and readied their new government to join the international community as a sovereign nation. In The First Pariah State, Robert Bonner tells the story of how a transatlantic publicity campaign dashed Confederate hopes by ostracizing its rebellion as an immoral, global menace. The international anti-Confederate campaign built on existing antislavery themes but moved far beyond them. Improvised indictments circulated secessionists’ most incendiary words across the world. The Union and its foreign allies condemned the marauding Southern navy for disrupting high-seas commerce, violating civilized norms, and preparing for the resumption of the African slave trade. Abraham Lincoln and Senator Charles Sumner sought to convert rhetorical barbs and maritime anxieties into novel doctrines of international law designed to counter rogue regimes. And Union opinion-makers, including Black abolitionists, worked with European supporters to stymie the South’s naval expansion, war finances, and diplomatic efforts to gain formal recognition. International worries about the Confederate rebellion waned after U.S. victory, and the Southern pariahdom of the 1860s left few enduring traces in international law or overseas remembrances. In fact, over the next century and a half, the pro-Confederate “Lost Cause” mythology proved to be as powerful abroad as it was within the restored United States.

How the Proslavery Confederacy Menaced the World

The First Pariah State

Cambridge International Trade and Economic Law

Restoring Balance

National Security and International Economic Law

"How powerful are EU external relations? For a long time, the law in this field was seen merely as an adjunct to constitutional law and the law of internal markets. However, in the last 20 years it has become a key tenet of the European Union, as globalisation and cross-border challenges have taken hold. Few have done more to shape the field's evolution than Marise Cremona, and this collection pays tribute to her immense contribution. In addition to assessing the power of the EU on the global stage, the book explores how its institutions and indeed people navigate transnational and global relations"--

Liber Amicorum in Honour of Marise Cremona

EU External Relations and the Power of Law

Provides comprehensive analysis of the UK Procurement Act 2023 for practising lawyers and anyone else with a professional interest in in the application of this important post-Brexit regime.

Text, Guide, and Analysis

UK Procurement Legislation

Key Ideas in Law

This book explores several key ideas relating to the 'principle of legality'. In the United Kingdom, the 'principle of legality' is an interpretive tool applied by courts to legislation that is deemed to be unclear. The term is used as shorthand for both the idea that Parliament may only override fundamental legal or constitutional norms using clear legislation. It also encapsulates the idea that courts can 'read down' or narrow the effect of general or ambiguous legislation to protect fundamental common law norms. These deceptively simple notions have a rich and complex historical pedigree. Since the end of the twentieth century, a 'breach of the principle of legality' has become a discrete ground of judicial review rooted in the common law. But its status, definition, and reach all remain deeply contested. In recent years, recourse to 'the principle of legality' in public law claims has become increasingly controversial. As the corpus of case law has grown, the application of the 'principle of legality' has been identified by judges, academics, and politicians as both a source of legal uncertainty in its own right, and a vehicle for potential judicial overreach. By building on a rigorous analysis of relevant case law, this book considers the intellectual foundations of 'the principle of legality'. As the analysis unfolds, we will see that there is no singular 'principle of legality' which we can accurately pinpoint. Instead, it makes sense to talk about multiple principles of legality, doing distinct, but related, work. This becomes apparent when we explore the history of the principles of legality in the context of not just public law, but the wider legal system. Moving beyond the historical context, the book explores where and how the principles of legality apply in the contemporary legal system. Subsequent chapters explore the difficulties and uncertainties of determining whether the principles of legality are engaged. Thereafter, attention turns to what norms legality does and does not protect and how courts decide upon this. The final chapter sets the principles of legality in their broader constitutional context. Overall, it will demonstrate that concerns about relating to judicial overreach are overstated. In fact, the reverse is true: the application of the principles of legality do introduce a dimension of legal uncertainty, but ultimately fall short of their constitutional potential.

Key Ideas in Law: The Principle of Legality

Good Judgment

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