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4 - Trilogues

Informality Meets Positive Law

Published online by Cambridge University Press:  09 January 2025

Giacomo Rugge
Affiliation:
Council of the European Union
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Summary

Chapter 4 is dedicated to the concept of informality as a crucial legal concept for the understanding of trilogues. It begins from a twofold observation. First, the informal nature of trilogues is stated in black and white in a significant variety of legal instruments. Secondly, the role of legal scholarship is to make sense of that unequivocal characterization. Drawing on institutional theory, this chapter argues that informality is a full-blown concept of EU law, and it sets about defining its characteristics. To that end, it compares trilogues with two other informal bodies, namely the Euro Group and the Informal Council meetings. The core idea of this chapter is that the codification of informality translates into legal terms the intention of the institutions to protect certain spaces from an excessive penetration of legal normativity. This intention, in turn, is indicative of the desire to preserve those spaces for the emergence of powerful social frameworks where genuine exchanges among actors may occur; exchanges that should be conducive to compromise.

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Chapter
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Trilogues
The Democratic Secret of European Legislation
, pp. 103 - 139
Publisher: Cambridge University Press
Print publication year: 2025

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  • Trilogues
  • Giacomo Rugge, Council of the European Union
  • Book: Trilogues
  • Online publication: 09 January 2025
  • Chapter DOI: https://doi.org/10.1017/9781009445238.008
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  • Trilogues
  • Giacomo Rugge, Council of the European Union
  • Book: Trilogues
  • Online publication: 09 January 2025
  • Chapter DOI: https://doi.org/10.1017/9781009445238.008
Available formats
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Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Trilogues
  • Giacomo Rugge, Council of the European Union
  • Book: Trilogues
  • Online publication: 09 January 2025
  • Chapter DOI: https://doi.org/10.1017/9781009445238.008
Available formats
×