Emergency in the Legal Reasoning of the Court of Justice of the European Union

This article assesses how the Court of Justice of the European Union (CJEU) engages with emergency argumentation, understood as legal argumentation that seeks to justify a particular application or interpretation of the law on the basis of the exceptionality of an emergency scenario, typically by means of a vocabulary that emphasises necessity and urgency. To this end, the contribution analyses three lines of emergency argumentation and how they impact the legal reasoning of the Court in various cases belonging to different areas of European Union (EU) law. Ultimately, with its conclusions, the article seeks to enhance predictability as to the likelihood of success of emergency argumentation before the Court.

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Publication Details

Journal
Nordic Journal of European Law
Published
2026-01-30
DOI
https://doi.org/10.36969/njel.v8i4.28453
Primary Topic
Legal Language and Interpretation
Type
article
Field-Weighted Citation Impact
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article

Emergency in the Legal Reasoning of the Court of Justice of the European Union

Guido Bellenghi
Nordic Journal of European Law
Legal Language and Interpretation
article

Emergency in the Legal Reasoning of the Court of Justice of the European Union

Guido Bellenghi
article en

Abstract

This article assesses how the Court of Justice of the European Union (CJEU) engages with emergency argumentation, understood as legal argumentation that seeks to justify a particular application or interpretation of the law on the basis of the exceptionality of an emergency scenario, typically by means of a vocabulary that emphasises necessity and urgency. To this end, the contribution analyses three lines of emergency argumentation and how they impact the legal reasoning of the Court in various cases belonging to different areas of European Union (EU) law. Ultimately, with its conclusions, the article seeks to enhance predictability as to the likelihood of success of emergency argumentation before the Court.

Nordic Journal of European LawVol. 8(4)
Maastricht University (NL)
Peace, Justice and strong institutions
Openalex Percentile: Top 73%
Legal Language and Interpretation
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