Abstract
Lawyers generally explain legal development by looking at explicit amendments to statutory
law and modifications in judicial practice. As far as the latter are concerned, leading cases
occupy a special place. This article empirically studies the process in which certain cases
become leading cases. Our analysis focuses on Les Verts, a case of considerable fame in EU
law, closely scrutinising whether it contains inherent leading case material. We show how the
legal relevance of a case can become “embedded” in a long process of reinterpretation by
legal actors, and we demonstrate that the actual legal impact of Les Verts on the acquis is
most visible in the area that was sidelined in the academic commentary. This implies that a
leading case is a symbolic category, which might not always correspond to the actual role that
the case plays in the Court’s jurisprudence.
law and modifications in judicial practice. As far as the latter are concerned, leading cases
occupy a special place. This article empirically studies the process in which certain cases
become leading cases. Our analysis focuses on Les Verts, a case of considerable fame in EU
law, closely scrutinising whether it contains inherent leading case material. We show how the
legal relevance of a case can become “embedded” in a long process of reinterpretation by
legal actors, and we demonstrate that the actual legal impact of Les Verts on the acquis is
most visible in the area that was sidelined in the academic commentary. This implies that a
leading case is a symbolic category, which might not always correspond to the actual role that
the case plays in the Court’s jurisprudence.
| Originalsprog | Engelsk |
|---|---|
| Tidsskrift | European Law Review |
| Vol/bind | 40 |
| Udgave nummer | 1 |
| Sider (fra-til) | 15-34 |
| Antal sider | 20 |
| ISSN | 0307-5400 |
| Status | Udgivet - 8 feb. 2015 |