European legal methodology / edited by Karl Riesenhuber.
2017
KJC403 .E973 2017 (Mapit)
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Uniform Title
Based on (work): Europäische Methodenlehre.
Title
European legal methodology / edited by Karl Riesenhuber.
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Imprint
Cambridge, United Kingdom ; Antwerp, Belgium ; Portland, OR : Intersentia, [2017]
Copyright
©2017.
Description
xxix, 749 pages ; 25 cm.
Series
Ius communitatis. English ; v. 7.
Formatted Contents Note
European legal methodology : introduction and overview / Karl Riesenhuber
Legal methods in ancient Rome / Jan Dirk Harke
Judging statutes and the 19th century : judicial compliance with statutes, interpretation and analogy / Christian Baldus and Lena Kunz
Comparative law / Andreas Schwartze
Law-making and adjudication for the internal market : the role of economic reasoning / Jens-Uwe Franck
The sources of European private law / Johannes Köndgen
Interpretation and development of EU primary law / Rudolf Streinz
Interpretation in conformity with primary law / Stefan Leible and Ronny Domröse
System (Systemdenken) and system building / Stefan Grundmann
Interpretation of EU secondary law / Karl Riesenhuber
Concretisation of general clauses / Anne Röthel and Florian Möslein
Judicial development of law / Jörg Neuner
Interpretation in conformity with directives / Wulf-Henning Roth and Christian Jopen
Gold-plating : the implementation of directives through national provisions with a wider scope of application / Mathias Habersack and Christian Mayer
The advance effect of directives / Christian Hofmann
European contract law / Martin Schmidt-Kessel and Shane McNamee
European labour law / Robert Rebhahn
European company law / Kaspar Krolop
European capital market law / Susanne Kalss
European competition law / Thomas Ackermann
The case law of the CJEU / Rüdiger Stotz
Temporal effects of CJEU judgments / Frank Rosenkranz
Germany / Johanna Schmidt-Räntsch
France / Ulrike Babusiaux
United Kingdom / Michael Schillig
Italy / Remo Caponi and Andreas Piekenbrock
Spain / Klaus Jochen Albiez Dohrmann and Sixto Sánchez Lorenzo
Poland / Ulrich Ernst.
Legal methods in ancient Rome / Jan Dirk Harke
Judging statutes and the 19th century : judicial compliance with statutes, interpretation and analogy / Christian Baldus and Lena Kunz
Comparative law / Andreas Schwartze
Law-making and adjudication for the internal market : the role of economic reasoning / Jens-Uwe Franck
The sources of European private law / Johannes Köndgen
Interpretation and development of EU primary law / Rudolf Streinz
Interpretation in conformity with primary law / Stefan Leible and Ronny Domröse
System (Systemdenken) and system building / Stefan Grundmann
Interpretation of EU secondary law / Karl Riesenhuber
Concretisation of general clauses / Anne Röthel and Florian Möslein
Judicial development of law / Jörg Neuner
Interpretation in conformity with directives / Wulf-Henning Roth and Christian Jopen
Gold-plating : the implementation of directives through national provisions with a wider scope of application / Mathias Habersack and Christian Mayer
The advance effect of directives / Christian Hofmann
European contract law / Martin Schmidt-Kessel and Shane McNamee
European labour law / Robert Rebhahn
European company law / Kaspar Krolop
European capital market law / Susanne Kalss
European competition law / Thomas Ackermann
The case law of the CJEU / Rüdiger Stotz
Temporal effects of CJEU judgments / Frank Rosenkranz
Germany / Johanna Schmidt-Räntsch
France / Ulrike Babusiaux
United Kingdom / Michael Schillig
Italy / Remo Caponi and Andreas Piekenbrock
Spain / Klaus Jochen Albiez Dohrmann and Sixto Sánchez Lorenzo
Poland / Ulrich Ernst.
Summary
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.
Note
"This book is based on its German counterpart Europäische Methodenlehre, first published in 2006 (now in its third edition, 2015). All chapters have been revised and updated for the English edition and represent the state of the law as at 31 January 2017"--Editor's preface.
"This book has been made possible with the support of the Fritz Thyssen Foundation, Cologne"--Series title page.
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.
"This book has been made possible with the support of the Fritz Thyssen Foundation, Cologne"--Series title page.
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.
Language Note
Translated from the German.
Bibliography, etc. Note
Includes bibliographical references and index.
Location
STA
Call Number
KJC403 .E973 2017
Language
English
ISBN
9781780682594
178068259X
178068259X
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