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BOOK REVIEW

EUROPEAN LEGAL METHODOLOGY

Edited by Karl Riesenhuber

ISBN: 978 1 78068 259 4

INTERSENTIA LTD
Fritz Thyssen Stiftung

www.intersentia.com
www.intersentia.co.uk



FASCINATING EUROPEAN JURISPRUDENCE FROM THIRTY-FIVE EXPERTS

An appreciation by Elizabeth Robson Taylor of Richmond Green Chambers and Phillip Taylor MBE, Head of Chambers
and Reviews Editor, “The Barrister”


Thirty-five experts have come together under the general editorship of Karl Riesenhuber to give us a modern commentary on legal methodology in Europe at just the right time in the heart of the Brexit negotiations.

Editor Riesenhuber begins his Preface to the English edition of this work by suggesting that the publication “may seem rather untimely”. Far from it, just in case any readers are in doubt, for exit from the EU will give the UK other “methodological issues”!

The reason for this is that we are all in uncharted territory with Brexit. Therefore, the continuing dialogue on methodological issues throughout Europe can never really stop just because some people want to leave the European Union.

We agree with the editor that the beauty of this work from Intersentia is that the thoughts and discussions on legal method remain accessible to all in Europe with the original text being based on a German version which appeared in 2006. It’s a special edition in English to take account of the state of the law as Karl found it on 31st January 2017.

As the experts say, EU Law is an autonomous legal system which “requires its own methodology, independent of the national traditions of the Member stated. One of the reasons, perhaps, why the UL is leaving.

And the contributors offer us “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”.

The core issues of legal methods used are scholastically analysed and include the following areas: sources of law; the interpretation of primary law and secondary legislation throughout the EU; the concretization of general clauses; and judicial development of the law.

In addition, the temporal effects of what Britain sees as controversial EU directives and the binding judgments of the CJEU raise specific issues of EU Law which have caused the Brexit schism.

The experts also devote their endeavours to the issues and problems arising from the creation of a “multi-level legal system” which makes much sense, but with little political agreement. Beyond general aspects, directives have raised special questions which remain for all of us with these points: “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”, known as ‘gold plating?

And, also to be welcomed, are the inquiries conducted into methodological issues in contract law, employment law, company law, capital market law, and competition law which are really the bedrock of the “multi-level legal system” we have been trying to create with much lack of enthusiasm in some quarters.

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. Of great value is the examination of the legal methods covering the national perspectives of some of the different Member States, specifically France, Germany, Italy, Poland, Spain and Britain.

This title “identifies the national traditions of legal methods and the national preconceptions”. It shows, too, “the application of EU legal methods in different national contexts”. We think it will be a boon for all studying and watching the biggest challenge the EU has faced to date with Brexit.

This book is part of the series entitled Ius Communitatis, volume 7, covering the following disciplines for students and scholars: European Law, Legal Methodology, Legal History, and Comparative Law.

The date of publication for this edition in English is 22nd September 2017.