Is there an European Union Normative System? Three Theories on Normative Systems
Is there an European Union Normative System? Three Theories on Normative Systems

Summary/Abstract: This paper aims to analyse the possibility of rules enacted by the European Union’s institutions to form a normative system independent of those of the member states. Towards this purpose, three potential models of systemic structuring of rules enacted by the European Union are identified in the first part. Subsequently, the theories of normative systems advanced by J. Austin, H. Kelsen and H.L.A. Hart are analysed so that, in the end, the choice of one model of systemic structuring and the normative systems theory that could best explain the European Union’s legal status to be expressed, expounding at the same time on the opportunities offered by their use.

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