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This book brings together essays by leading legal scholars from a number of European countries on European legal method(s). Both in Europe and in North America there is, and has for some years been, a seemingly renewed debate on methodology in legal research. In the first years of its existence EU law was generally perceived as rather superficial, immature and fragmentary with many gaps and inconsistencies. Now, EU law is ripening and the mutual embeddedness of EU law and the national law of its Member States is becoming more intense. It is therefore both more possible and more necessary to identify and explain the legal method that is applied by European legal actors, in particular legal scholars and courts, when analysing EU law and the law of EU Member States within the scope of application of EU law.
The essays in this book are based on papers presented at a research conference held at the Copenhagen Business School in cooperation with the University of Copenhagen, on 19 November 2010. The conference, as well as this book, is part of a research project: “Towards a European Legal Method: Synthesis or Fragmentation?” funded by the Danish Social Science Research Council for the years 2010-2012.
Introduction - by Ulla Neergaard, Ruth Nielsen & Lynn Roseberry
PART I. GENERAL PERSPECTIVES
Revitalizing Doctrinal Legal Research in Europe: What About Methodology? - by Rob van Gestel & 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 & 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 Koldinská
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
"This book contributes with very interesting and invaluable elements to an emerging European legal method. It will serve well for all EU law scholars to consider this contribution a must read."
Constanze Semmelmann, Common Market Law Review, 2012
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