Reference : Identity conflicts in multilevel regulatory systems and the remedy of loyalty: Sketch...
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Law, criminology & political science : European & international law
Law / European Law
Identity conflicts in multilevel regulatory systems and the remedy of loyalty: Sketching a Model of Legal Coexistence from the Judicial Experience of the EU
Zinonos, Panagiotis mailto [University of Luxembourg > Faculty of Law, Economics and Finance (FDEF) > Department of Law (DL) >]
Studies on Enforcement in Multilevel Regulatory Systems
Ligeti, Katalin mailto
Brodersen, Kei Hannah
[en] Focused on the most radical form of enforcement challenges – identity conflicts – the chapter forms an experience of thought or a normative claim aiming to anticipating them. Such conflicts are understood as covering all claims relating to fundamental components of the legal orders involved in multi-level systems or of the identity of these very systems – protection of rights, of competences or of specific structures. References to the EU judicial experience illustrate the analyses. As the concept of identity does not comprise any clear-cut content, emphasis is put on the context in which they evolve. The main argument consists in analysing the principle of loyalty as the identity of any multi-level setting and as a systemic remedy of identity conflicts. Specifically, loyalty structures the functioning of multi-level settings through the process of concretisation and articulation of legal principles, as well as through criteria liable distinguishing the scope of application of norms – their interpretation being source of identity conflicts. Consequently, the chapter reduces identity conflicts to cognitive disfunctions of a given system and stresses the relevance of its actors to fully benefit from the remedy of loyalty. The specific role of the adjudicators is assessed in the light of an organic proposal in favour of multi-level hybrid organs competent on identity-related issues. The concretisation of such organs could anticipate identity-related enforcement challenges and guarantee the coexistence of legal orders and actors in a multi-level space of ordinated pluralism combined with a renewed understanding of ultimate authority.

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