European Legal Method
– in a Multi-Level EU Legal Order
AfUlla Neergaard (red.) , Ruth Nielsen (red.)
This book brings together essays by leading legal scholars from a number of European countries on European legal method(s).This in many respects rather pioneering project 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 the multi-level legal EU order.
The book contains ten contributions (written by altogether thirteen authors), each of which addresses different dimensions of the general theme. It starts with two contributions under the heading: 'General Perspectives'. They are written by Janneke Gerrards and Jan Smits. The general heading for the next six articles is 'Changes in the Relative Importance of Sources of Law'. They are written by Ruth Nielsen; Martin Scheinin; Xavier Groussot, Laurent Pech and Gunnar Thor Petursson; Loïc Azoulai; Constanze Semmelmann and Linda Senden. The last two contributions of the book are presented within the headline 'Law in Context'. The first is the contribution by Ulla Neergaard and Marlene Wind and the last is written by Ernst-Ulrich Petersmann.
The book is an element in the research project: 'Towards a European Legal Method: Synthesis or Fragmentation?' (ELM), which is funded by the Danish Social Science Research Council for the years 2010-2012. This book is the second publication in the European research project.
Introduction - by Ulla Neergaard and Ruth Nielsen
Judicial Argumentation in Fundamental Rights Cases - the EU Court's Challenge - by Janneke Gerards
Plurality of Sources in European Private Law, or: How to Live with Legal Diversity? - by Jan M. Smits
Changes in the Relative Importance of Sources of Law
Towards an Interactive Comparative Method for Studying the Multi-Layered EU Legal Order - by Ruth Nielsen
International Law and Human Rights - Good or Bad for European Union Law? - by Martin Scheinin
The Scope of Application of Fundamental Rights on Member States' Action: In Search of Certainty in EU Adjudication - by Xavier Groussot, Laurent Pech & Gunnar Thor Petursson
The Europeanisation of Legal Concepts - by Loïc Azoulai
The Public-private Divide in European Union Law - by Constanze Semmelmann
Changes in the Relative Importance of Sources of Law - The Case of EU Soft Law - by Linda Senden
Law in Context
Studying the EU in Legal and Political Sciences Scholarship - by Ulla Neergaard & Marlene Wind
Constitutional Problems of Multi-level Judicial Governance in Trade and Investment Regulation - by Ernst-Ulrich Petersmann
About the Authors