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European Legal Method

European Legal Method

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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.

作者簡介

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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定價:100 10680
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