Home >
Law >
European Union Law >
European Legal Methodology 2nd Edition

European Legal Methodology 2nd Edition

Author: Karl Riesenhuber
Publisher: Intersentia Publishers
ISBN: 9781839701368

Previous Edition ISBN: 9781780682594
Published In: September 2021
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

HKD 1,875.30

Download Order Form

Add to Wishlist
| Add to Compare

Description
Contents

Details

EU law is an autonomous legal system. It requires its own methodology. The contributions to this volume provide elements of a genuinely European legal method. They discuss the foundations of European legal methodology in Roman law and in the development of national legal methods in the 19th century as well as the economic and comparative background. Core issues of legal methods such as the sources of law, the interpretation of EU primary law and secondary legislation, the concretisation of general clauses, and judicial development of the law are also analysed.

The temporal effects of EU directives on the one hand and of judgments of the Court of Justice of the European Union on the other raise specific issues of EU law. Contributions are also devoted to issues of a multi-level legal system. Beyond general aspects, directives, in particular, raise special questions: what is their impact on the interpretation of national law; and what are the methodological consequences of a transposition of directives beyond their original scope (‘gold-plating’)?

Further contributions inquire into methodological issues in contract law, employment law, company law, capital market law and competition law. They illustrate the general aspects of European legal methods with a view to specific applications and also reveal specific issues of methods which occur in these areas.

Finally, legal methods from national perspectives of different Member States, namely France, Germany, Italy, Poland, Spain and the United Kingdom, are examined. The authors reveal national traditions of legal methods and national preconceptions and illustrate the application of EU legal methods in different national contexts.

§1. European Legal Methodology: Introduction and Overview

PART 1. FOUNDATIONS

§2. Legal Methods in Ancient Rome

§3. Judging Statutes and the 19th Century: Judicial Compliance with Statutes, Interpretation and Analogy

§4. Comparative Law

§5. Law-Making and Adjudication for the Internal Market: The Role of Economic Reasoning

PART 2. GENERAL SECTION

CHAPTER 1. SOURCES OF LAW: §6. The Sources of European Private Law

CHAPTER 2. EU PRIMARY LAW: §7. Interpretation and Development of EU Primary Law

CHAPTER 2. EU PRIMARY LAW: §8. Interpretation in Conformity with Primary Law

CHAPTER 2. EU SECONDARY LAW: §9. System (Systemdenken) and System Building

CHAPTER 2. EU SECONDARY LAW: §10. Interpretation of EU Secondary Law

CHAPTER 2. EU SECONDARY LAW: §11. Concretisation of General Clauses

CHAPTER 2. EU SECONDARY LAW: §12. Judicial Development of Law

CHAPTER 4. EFFECTS ON THE NATIONAL LAW OF THE MEMBER STATES: §13. Interpretation in Conformity with Directives

CHAPTER 4. EFFECTS ON THE NATIONAL LAW OF THE MEMBER STATES: §14. Gold-Plating: The Implementation of Directives Through National Provisions with a Wider Scope of Application

CHAPTER 4. EFFECTS ON THE NATIONAL LAW OF THE MEMBER STATES: §15. The Advance Effect of Directives

CHAPTER 4. EFFECTS ON THE NATIONAL LAW OF THE MEMBER STATES: §16. Temporal Effects of CJEU Judgments

PART 3. SPECIAL SECTION

CHAPTER 1. METHODOLOGICAL ISSUES IN SELECTED BRANCHES: §17. European Labour Law

CHAPTER 1. METHODOLOGICAL ISSUES IN SELECTED BRANCHES: §18. European Capital Market Law

CHAPTER 1. METHODOLOGICAL ISSUES IN SELECTED BRANCHES: §19. European Competition Law

CHAPTER 2. NATIONAL PERSPECTIVES: §20. Germany

CHAPTER 2. NATIONAL PERSPECTIVES: §21. France

CHAPTER 2. NATIONAL PERSPECTIVES: §22. United Kingdom

CHAPTER 2. NATIONAL PERSPECTIVES: §23. Spain

CHAPTER 2. NATIONAL PERSPECTIVES: §24. Poland