European Legal Methodology
a cura di
Karl Riesenhuber - Intersentia, 2017
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, discussing 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 concretization of
general clauses, and judicial development of the law-are also analyzed.
Furthermore, the temporal effects of EU directives 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 they 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 UK-are examined. The book reveals the national
traditions of legal methods and the national preconceptions, and it
illustrates the application of EU legal methods in different national
contexts. (Series: Ius Communitatis, Vol. 7) [Subject: European Law,
Legal Methodology, Legal History, Comparative Law]