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General Principles of Law: European and Comparative Perspectives

General Principles of Law: European and Comparative Perspectives

  • Author:
  • Publisher: Hart Publishing
  • ISBN: 9781509933099
  • Published In: October 2019
  • Format: Paperback
  • Jurisdiction: European Union ? Disclaimer:
    Countri(es) stated herein are used as reference only

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  • Description 
  • Contents 
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    Examining general principles of law provides one of the most instructive examples of the intersection between EU law and comparative law.

    This collection draws on the expertise of high-profile and distinguished scholars to critically examine this interaction. It shows how general principles of EU law need to be responsive to national laws. In addition, it is clear that the laws of the Member States have no choice but to be responsive to the general principles which are developed at the EU law.

    Viewed through the perspective of proportionality, legal certainty, fundamental rights the dynamic relationship between the ingenuity of the Court of Justice and the process of Treaty revision is comprehensively illustrated.

  • 1. Introduction
    2. General Principles of International Law
    Catherine Redgwell
    3. From Myth to Reality: The EU's 'New Legal Order' and the Place of General Principles Within It
    Stephen Weatherill

    Part I: General Principles of European Union Law
    4. Theorising General Principles of EU Law in Perspective: High Expectations, Modest Means and the Court of Justice
    Urška Šadl and Joxerramon Bengoetxea
    5. Is Legality a Principle of EU Law?
    Alexander Somek
    6. General Principles and the Many Faces of Coherence: Between Law and Ideology in the European Union
    Xavier Groussot, Jörgen Hettne and Gunnar Thor Petursson
    7. General Principles and Customary Law in the EU Legal Order
    Samantha Besson

    Part II: Proportionality
    8. Proportionality
    Alison L Young and Gráinne de Búrca
    9. Proportionality and Judicial Review: A UK Historical Perspective
    Paul Craig
    10. The Evolution of the Principle of Proportionality in EU Law-Towards an Anticipative Understanding?
    Juliane Kokott and Christoph Sobotta
    11. Proportionality and the Margin of Appreciation: Strasbourg and London
    Philip Sales
    12. Origins and Presentation of the Proportionality Principle in French Case Law
    Yoan Sanchez
    13. An Italian Perspective on the Principle of Proportionality
    Giuseppe Martinico and Marta Simoncini
    14. The Application of Proportionality in Denmark in the Light of European Legal Integration
    Helle Krunke

    Part III: Private Autonomy and Protection of the Weaker Party
    15. Private Autonomy and Protection of the Weaker Party
    Stephen Weatherill, Stefan Vogenauer and Petra Weingerl
    16. Private Autonomy and the Protection of the Weaker Party: Historical
    Hector L MacQueen and Stephen Bogle
    17. Personal Freedom and the Protection of the Weak through the Lens of Contract: Jurisprudential Overview
    Dori Kimel
    18. Private Autonomy, Weak Parties and Private Law: Views from Law and Economics
    Fernando Gómez and Mireia Artigot
    19. Fairness at a Time of Perplexity: The Civil Law Principle of Fairness in the Court of Justice of the
    European Union
    Daniela Caruso
    20. Discrimination on Grounds of Obesity
    Niilo Jääskinen
    21. Discrimination on the Grounds of Sexual Orientation and Gender Identity
    Alina Tryfonidou

    Concluding Remarks
    22. Judging General Principles
    David Edward

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