Overview

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.

Full Product Details

Author:   Karl Riesenhuber
Publisher:   Intersentia Ltd
Imprint:   Intersentia Ltd
Volume:   7
Weight:   1.500kg
ISBN:  

9781780682594

ISBN 10:   178068259
Pages:   776
Publication Date:   22 June 2017
Audience:   College/higher education ,  Postgraduate, Research & Scholarly
Format:   Hardback
Publisher's Status:   Active
Availability:   Not yet available  
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Table of Contents

SERIES PREFACE - v EDITOR’S PREFACE - ix LIST OF ABBREVIATIONS - xv LIST OF AUTHORS - xxvii §1. European Legal Methodology: Introduction and Overview - Karl Riesenhuber - 1 PART 1. FOUNDATIONS §2. Legal Methods in Ancient Rome - Jan Dirk Harke - 11 §3. Judging Statutes and the 19th Century: Judicial Compliance with Statutes, Interpretation and Analogy - Christian Baldus and Lena Kunz - 31 §4. Comparative Law Andreas Schwartze - 61 §5. Law-Making and Adjudication for the Internal Market: The Role of Economic Reasoning - Jens-Uwe Franck - 87 PART 2. GENERAL SECTION CHAPTER 1. SOURCES OF LAW - 115 §6. The Sources of European Private Law - Johannes Köndgen - 115 CHAPTER 2. EU PRIMARY LAW - 151 §7. Interpretation and Development of EU Primary Law - Rudolf Streinz - 151 §8. Interpretation in Conformity with Primary Law - Stefan Leible and Ronny Domröse - 171 CHAPTER 3. EU SECONDARY LAW - 201 §9. System (Systemdenken) and System Building - Stefan Grundmann - 201 §10. Interpretation of EU Secondary Law - Karl Riesenhuber - 231 §11. Concretisation of General Clauses - Anne Röthel and Florian Möslein - 261 §12. Judicial Development of Law - Jörg Neuner - 291 CHAPTER 4. EFFECTS ON THE NATIONAL LAW OF THE MEMBER STATES - 317 §13. Interpretation in Conformity with Directives - Wulf-Henning Roth and Christian Jopen - 317 §14. Gold-Plating: the Implementation of Directives Through National Provisions with a Wider Scope of Application - Mathias Habersack and Christian Mayer - 343 §15. The Advance Effect of Directives - Christian Hofmann - 373 PART 3. SPECIAL SECTION CHAPTER 1. METHODOLOGICAL ISSUES IN SELECTED BRANCHES - 405 §16. European Contract Law - Martin Schmidt-Kessel and Shane McNamee - 405 §17. European Labour Law - Robert Rebhahn - 435 §18. European Company Law - Kaspar Krolop - 463 §19. European Capital Market Law - Susanne Kalss - 489 §20. European Competition Law - Thomas - 513 CHAPTER 2. METHODOLOGICAL ISSUES IN CASE LAW - 537 §21. The Case Law of the CJEU - Rüdiger Stotz - 537 §22. Temporal Effects of CJEU Judgments - Frank Rosenkranz - 561 CHAPTER 3. NATIONAL PERSPECTIVES - 591 §23. Germany - Johanna Schmidt-Räntsch - 591 §24. France - Ulrike Babusiaux - 619 §25. United Kingdom - Michael Schillig - 645 §26. Italy - Remo Caponi and Andreas Piekenbrock - 673 §27. Spain - Klaus Jochen Albiez Dohrmann and Sixto Sánchez Lorenzo - 695 §28. Poland - Ulrich Ernst - 717 INDEX - 741

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Author Information

"Karl Riesenhuber studied law at the Albert-Ludwigs-University, Freiburg, and the University of Texas at Austin School of Law. He clerked at the Court of Berlin and worked at the University of Potsdam prior to receiving his doctorate in 1997. His thesis, titled ""Die Rechtsbeziehungen zwischen Nebenparteien"" (""The Legal Relationship Between Collateral Parties"") won the Wolf Rüdiger Bub-Prize. He was a Feodor Lynen fellow of the Alexander von Humboldt Foundation, Bonn, research fellow of the Deutsche Forschungsgemeinschaft (German Research Fund) and visiting scholar at Wolfson College, Cambridge. In 2002, he received his Habilitation (post-doctoral-degree) from the Friedrich-Alexander-University Erlangen-Nuremberg Faculty of Law with a thesis titled ""System und Prinzipien des Europäischen Vertragsrechts"" (System and Principles of European Contract Law). He was assistant lecturer at the University of Cambridge School of Law and official fellow at Wolfson College, Cambridge from 2000-2001. In 2002 became visiting professor, subsequently in 2004 full professor at the European University Viadrina in Frankfurt (Oder), focusing on intellectual property and media law and comparative law. In 2006 he was appointed professor of civil law, German and European trade and business law at Ruhr-University Bochum where he also established the Ruhr Academy of European Private Law. In 2007-2008 and 2010-2011, Riesenhuber conducted research at the University of California, Berkeley School of Law, sponsored by the Alexander von Humboldt Foundation. He is the author of several books on EU-Contract Law and European Labour Law. He edited and co-authored numerous conference proceedings."

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