European Legal Methodology, 2nd Edition, 7

EU law has its own methodology, which is discussed in this volume. It covers the foundations of European legal methodology in Roman law and the development of national legal methods in the 19th century, as well as core issues such as the sources of law, interpretation of EU primary law and secondary legislation, concretisation of general clauses, and judicial development of the law. Contributions also address the impact of EU directives and judgments on the interpretation of national law, multi-level legal systems, contract law, employment law, company law, capital market law, and competition law. Legal methods from national perspectives of different Member States are examined, revealing national traditions and preconceptions and illustrating the application of EU legal methods in different national contexts.

Format: Hardback
Length: 714 pages
Publication date: 02 September 2021
Publisher: Intersentia Ltd

The European Union operates under a distinct legal framework known as EU law, which necessitates its own methodology. This volume offers valuable insights into the foundations of European legal methodology, encompassing the influences of Roman law and the evolution of national legal systems in the 19th century. It also delves into the economic and comparative background that shaped these methodologies. The contributions address core issues of legal methods, such as the sources of law, the interpretation of EU primary law and secondary legislation, the concretization of general clauses, and the judicial development of the law. Furthermore, the book explores the temporal effects of EU directives and judgments of the Court of Justice of the European Union, raising specific issues of EU law. Additionally, the contributions address the complexities of a multi-level legal system, particularly in the context of directives, which raise questions about their impact on national law interpretation and the methodological implications of their transposition beyond their original scope. The book also examines methodological issues in various areas of law, including contract law, employment law, company law, capital market law, and competition law. Through illustrative examples and case studies, the authors demonstrate the general aspects of European legal methods and highlight the specific challenges and issues that arise in these fields. Furthermore, legal methods from national perspectives of different Member States, such as France, Germany, Italy, Poland, Spain, and the United Kingdom, are examined. The authors shed light on national traditions of legal methods and national preconceptions, showcasing how EU legal methods are applied in diverse national contexts. This comprehensive volume provides a valuable resource for scholars, practitioners, and policymakers interested in understanding the foundations and applications of European legal methodology.

Weight: 1370g
Dimension: 173 x 248 x 50 (mm)
ISBN-13: 9781839701368
Edition number: 2 ed