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The Concept of Coherence in EU Law

Dunja Duić orcid id orcid.org/0000-0002-3838-413X ; Pravni fakultet Sveučilišta Josipa Jurja Strossmayera u Osijeku, Osijek; Hrvatska


Puni tekst: hrvatski pdf 379 Kb

str. 537-553

preuzimanja: 1.264

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Sažetak

Coherence is a subject of study in many scientific disciplines. In the last few decades it has also gained substantial popularity in the field of philosophy of law. The notion of coherence has several levels and it overlaps with other legal terms. For this reason, this article will try to bring together various theories of coherence. The aim of this paper is to determine the meaning of the term coherence. The concept of coherence will be defined using the example of EU law on external relations. The Lisbon Treaty has placed a major imperative on the process of achieving coherence between Unions policies and activities. Today there is a legal obligation of the Union and the Member States to ensure coherence. Since there is no consensus among legal scientists about what coherence is, and taking into account the said obligation to ensure coherence under EU law, the need for an interpretation and definition of the notion of coherence becomes apparent. Although the focus of this paper is the EU legal system, its conclusions can be applied to any other legal system. This paper will explain the concept of coherence. The explanation is based on the legal, philosophical, linguistic and political analyses. Furthermore, the paper will analyse the relation of coherence and consistency. Finally, the last chapter of the paper will define levels of coherence.

Ključne riječi

coherence; consistency; EU law; EU external relations

Hrčak ID:

149400

URI

https://hrcak.srce.hr/149400

Datum izdavanja:

31.8.2015.

Podaci na drugim jezicima: hrvatski

Posjeta: 2.228 *