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.
Karl Riesenhuber is a professor at Ruhr-University Bochum and a judge at the Higher Regional Court Hamm.
‘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)
‘Highly recommended for anyone who wants to participate in the discussion on common European Methodology.’
-- Professor Markus Kotzur, RabelsZ 85/2 (2021) 434, 435 on the first edition of European Legal Methodology
§1. European Legal Methodology: Introduction and Overview (p. 1)
The series Ius Communitatis – Textbooks on European Union Law de lege lata focuses on various aspects of European Union Law.
The volumes cover the most important topics in the ‘Europeanisation’ of law. For practitioners – solicitors and barristers, corporate lawyers, judges or lawyers in state authorities or ministries – who do not wish to turn a blind eye to European law, the series provides a reliable treatment with sufficiently detailed references to the important problems. The volumes provide practitioners with all they need on the EC level, and moreover give comparative law and legal policy insight. As a series, they give an overview of those areas most affected by European law. Likewise, they provide advanced students with material for excellent examination results. Each volume is written by an authoritative expert in the field. The remaining volumes will follow in 2008 and 2009. All the books in the Ius Communitatis-Series focus on Community regulations as experienced in daily practice. Each volume covers the entire field of law in a distinctive and comprehensive way.
The series is published under the editorial supervision of Prof. Dr. Dr. Stefan Grundmann LL.M. (Humboldt-Universität zu Berlin, Germany), the co-founder of the Society of European Contract Law (SECOLA).
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