European Legal Method : Paradoxes and Revitalisation

Neergaard, Ulla B. (EDT)/ Nielsen, Ruth (EDT)/ Roseberry, Lynn M. (EDT)

DJOFPublishing（2011/06発売）

• 製本 Paperback:紙装版/ペーパーバック版／ページ数 350 p.
• 言語 ENG
• 商品コード 9788757423778

Full Description

This book examines the extent to which it is possible to identify a coherent legal method (doctrine of the sources of law and their interpretation) that may be applied when analysing EU law and the law of EU Member States within the scope of application of EU law. It looks at what characterises the sources of law and the interpretation methods that are actually used by European legal actors, especially judges and researchers, when analysing what is valid law. It examines the changes in the relative importance of various sources of law that occur in connection with the integration of EU law into national law.

Contents

Contents Introduction by Ulla Neergaard, Ruth Nielsen and Lynn Roseberry Part I. General Perspective Revitalizing doctrinal legal research in Europe: what about methodology? by Rob van Gestel and Hans-W. Micklitz The Importance of the Instruments Provided for in the Treaties for Developing. A European Legal Method by Wulf-Henning Roth Where Did the Spirit and Its Friends Go? On the European Legal Method(s) and the Interpretational Style of the Court of Justice of the European Union by Ulla Neergaard and Ruth Nielsen A toolbox for European judges by Martijn W. Hesselink Methodology and Theoretical Disagreement by Dennis Patterson Part II. Comparative Perspective European Legal Method from a Swedish Perspective - Rights, Compensation and the Role of the Courts by Jane Reichel EU-compatible interpretation of the national law with some constitutional reservations - case of the Czech Republic by Kristina Koldinska European Legal Method from a French Perspective. The magic of combination: uses and abuses of the globalization of sources by European Courts by Sophie Robin-Olivier Judicial Method of English Courts and Tribunals in EU Law Cases: A Case Study in Employment Law by Tamara Hervey and Natalie Sheldon The Authors/Editors