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Dynamics at Play in the EU Preliminary Ruling Procedure

Document Cited authorities 5 Cited in Related
Vincent
AuthorMarc de Werd
Published date01 February 2015
Date01 February 2015
DOIhttp://doi.org/10.1177/1023263X1502200108
Subject MatterCommentary
22 MJ 1 (2015) 149
COMMENTARY
DYNAMICS AT PLAY IN THE
EUPRELIMINARY RULING PROCEDURE
M  W*
“It is the pervading law of all things organic and inorganic, of all things physical and
metaphysical, of all things human and all things superhuman , of all true manifestations of
the head, of the heart, of the soul, that the life is recognizable in its expression, that for m
ever follows function.  is is the law.” Louis H. Sul livan, American architect (1896).1
§1. IN T RODUCT ION
Form follows function is a principle associated with modernist architecture and
industrial design in the 20th century.  e principle is that t he shape of a building or
objec t should be primar ily bas ed upon it s intended funct ion or pur pose. Howe ver, in the
eyes of many national judges and legal practitioners, the EU judicial architecture lacks
comprehensibility. To them, the EU ‘building’ is remi niscent of the alienating drawings
* Dr. Marc de Werd is judge in the Crim inal Law Depart ment of the Amsterdam Cour t of Appeal in the
Netherlands (m m.de.werd@rechtspraak.nl).
1 ‘ e Tall O ce Building Art istically Considered’, Lippincott’s Magazine (1896), p.403–409.

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