This chapter deals with legal reasoning in EU law and the various contexts underlying differences in the standards of legal reasoning: namely, adjudication, legislative law making, and legal doctrine and public discourse. It first explains the variety of legal reasoning in EU law, with emphasis on the link between legal reasoning and reason giving. It then considers legal reasoning in the context of the decision making of the European Court of Justice, focusing on discovery and justification and their mutual interaction. In the context of discovery, it discusses several steps a reasoner takes (defining the case, finding a tentative solution and articulating reasons), whereas in relation to justification it identifies several elements of its doctrine: sources of law, methods of interpreting the sources of law, rules on the legal construction of relevant facts, and finally meta-rules concerning the relationship between the other elements. The chapter finally offers some observations on the judicial style of the ECJ.
EU equality law is destined to regulate and transform societal habits in the pursuit of greater equality among the people of Europe. This ambitious policy objective is matched by ancient as well as modern competences. EU equality law is thus marked by its growing personal and substantive scope, the broad definition of the key legal concepts, and a set of precise rules to ensure its efficiency. This chapter identifies analytical tools for the understanding of this complex field, torn as it is between the dynamics of an advanced fundamental rights policy and the constraints of EU law making on social matters.
Mark Dawson and Bruno de Witte
This chapter discusses the law and policy of social welfare and inclusion in the EU. While the EU has adopted significant objectives in this domain via the Lisbon Treaty, the political and legal instruments available to the EU institutions to pursue a developed welfare policy remain limited. In spite of this, EU law can have significant constraining impacts on national welfare states, an influence that instruments developed to better govern the Eurozone will likely strengthen. The chapter concludes by discussing the future of EU welfare and inclusion policy. As past experience tells us, the increasing linkage of economic and social goals provides both opportunities for new EU social capacities and the danger that social goals may be increasingly subordinated to economic objectives and procedures.