Description
Book SynopsisEU 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.
Trade Review'This comprehensive and carefully compiled book discusses the methodology of European law. [...] [It] is particularly relevant to academics and students in European law.' -- Review of the 1st edition, SEW, Journal of European and Economic Law (2018)
Table of Contents1. European Legal Methodology: Introduction and Overview (p. 1) PART 1. FOUNDATIONS 2. Legal Methods in Ancient Rome (p. 11) 3. Judging Statutes and the 19th Century: Judicial Compliance with Statutes, Interpretation and Analogy (p. 31) 4. Comparative Law (p. 61) 5. Law-Making and Adjudication for the Internal Market: The Role of Economic Reasoning (p. 87) PART 2. GENERAL SECTION CHAPTER 1. SOURCES OF LAW: 6. The Sources of European Private Law (p. 117) CHAPTER 2. EU PRIMARY LAW: 7. Interpretation and Development of EU Primary Law (p. 157) CHAPTER 2. EU PRIMARY LAW: 8. Interpretation in Conformity with Primary Law (p. 181) CHAPTER 2. EU SECONDARY LAW: 9. System (Systemdenken) and System Building (p. 211) CHAPTER 2. EU SECONDARY LAW: 10. Interpretation of EU Secondary Law (p. 249) CHAPTER 2. EU SECONDARY LAW: 11. Concretisation of General Clauses (p. 283) CHAPTER 2. EU SECONDARY LAW: 12. Judicial Development of Law (p. 313) CHAPTER 4. EFFECTS ON THE NATIONAL LAW OF THE MEMBER STATES: 13. Interpretation in Conformity with Directives (p. 341) 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 (p. 375) CHAPTER 4. EFFECTS ON THE NATIONAL LAW OF THE MEMBER STATES: 15. The Advance Effect of Directives (p. 405) CHAPTER 4. EFFECTS ON THE NATIONAL LAW OF THE MEMBER STATES: 16. Temporal Effects of CJEU Judgments (p. 435) PART 3. SPECIAL SECTION CHAPTER 1. METHODOLOGICAL ISSUES IN SELECTED BRANCHES: 17. European Labour Law (p. 469) CHAPTER 1. METHODOLOGICAL ISSUES IN SELECTED BRANCHES: 18. European Capital Market Law (p. 499) CHAPTER 1. METHODOLOGICAL ISSUES IN SELECTED BRANCHES: 19. European Competition Law (p. 527) CHAPTER 2. NATIONAL PERSPECTIVES: 20. Germany (p. 551) CHAPTER 2. NATIONAL PERSPECTIVES: 21. France (p. 581) CHAPTER 2. NATIONAL PERSPECTIVES: 22. United Kingdom (p. 621) CHAPTER 2. NATIONAL PERSPECTIVES: 23. Spain (p. 649) CHAPTER 2. NATIONAL PERSPECTIVES: 24. Poland (p. 675)
