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European Legal Methodology, 2nd Edition, 7 (Hardcover, 2nd edition)
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European Legal Methodology, 2nd Edition, 7 (Hardcover, 2nd edition)
Series: IUS Communitatis, 7
Expected to ship within 12 - 17 working days
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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.
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