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Theoretical and Methodological Premises

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Chapter Summary

This chapter explores the field of strict law but also seeks to determine whether and what legal and extra-legal phenomena influence this functioning. It widens the perspective in which the law operates by other determinants, be they social, economic, or cultural. Subsequently, the research questions are developed, followed by the methodological design. The overarching theory is too broad to be considered here in greater detail. The theoretical and methodological limitations of the empirical findings are also discussed. A school of New Legal Realism (NLR), which reaches for the theoretical grounds of Legal Realism, has emerged. The chapter explores the way officials behave when faced with questions involving European Union law, which exists in parallel to the national legal order. The main objective of the part of the analysis was to identify and describe features of the legal regime that are relevant to the actions of national judges.

Keywords: European Union law; methodological limitations; national judges; New Legal Realism (NLR); overarching theory



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