Judgment on the case. The peculiarity of transnational orders: case studies in European Law

In the present contribution, I deal with the problem of judging on the singular case and my argument is based on two parts: firstly, I explore the complex field of meanings that can be traced back to the terrm ‘judgment’; secondly, the ideas discussed in the first section are developed through two exemplary cases. The Latin term iudicium presupposed the problem of how to judge on the singular, individual case when multiple alternatives are possible. Political judgment, moreover, implies that the act of judging is not only personal, but also oriented towards the others: it is an intrinsically relational act, and it is necessary each time a universally valid principle is absent (hence, it becomes fundamental in supranational and pluralistic contexts). I analyse two cases concerning religious freedom and labour rights (Achbita and Bougnaoui).