This book brings together essays by leading legal scholars from a number of European countries on European legal method(s). In Europe 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. This book is the second publication within the "European Legal Methods" research project and is the result of a conference held in November 2011. Most of the contributors are all legal scholars concerned within different legal disciplines and represent different legal cultures and research styles partly related to different geographical backgrounds.
Introduction by Ulla Neergaard and Ruth Nielsen General Perspectives Judicial argumentation in fundamental rights cases - the EU courts 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 and Gunnar Thor Petursson The Europeanisation of Legal Concepts by Loic Azoulai The Public-private Divide in European Union Law bu 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 Ulla Neergaard & Marlene Wind Constitutional Problems of Multilevel Judicial Governance in Trade and Investment Regulation by Ernst-Ulrich Petersmann