Integrating legislation: the European legislature’s authority reconsidered

Martijn van den Brink

- completed -

The second project built on his Ph.D. research. It reconsiders the authority of the EU legislature by defining the domain in which the EU legislature can legitimately exercise its authority and by developing a theory prescribing what respecting its authority involves. It does so in relation to the EU Court of Justice, which has significantly curtailed the legislature’s authority. The project examines the comparative legitimacy and institutional abilities of the EU legislature vis-à-vis the Court, and develops a theory of legislative interpretation that considers the formation of legislative intent, the constraining effects of legislative rules, and the challenges posed by legislative indeterminacy.

Representative publication:

van den Brink, M. (2019). A Qualified Defence of the Primacy of Nationality over EU Citizenship. International and Comparative Law Quarterly, 69(1), 177-202. doi:10.1017/S0020589319000538.