Description
European Legal Methodology
Lus Communitatis Series
Author: RIESENHUBER Karl
Language: EnglishSubject for European Legal Methodology:
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Publication date: 06-2017
749 p. · Hardback
749 p. · Hardback
Description
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EU law is an autonomous legal system. It requires its own methodology,
independent of the national traditions of the Member States. 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.
Furthermore, the temporal effects of EU directives on the one hand and of judgments of the Court of Justice of the European Union 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.
Furthermore, the temporal effects of EU directives on the one hand and of judgments of the Court of Justice of the European Union 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.
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