How Courts Use Soft Law: Differences Across Countries and Policy Areas
摘要
This chapter, the first of three empirical chapters, maps patterns of the judicial use of soft law. It finds that national courts use EU soft law infrequently, but increasingly. When they do, soft law is often relevant to the judgment, serving as an interpretation aid or as a supplementary standard of review, with legal effects or even indirect binding force—making, it in practice, similar to hard law. Finally, the chapter points to differences across countries and court branches.