This book brings together essays by leading legal scholars from a number of European countries on European legal method(s). The concept is used in a broad and open sense as it is subject to development. Both in Europe and in North America there is, and has for some years been, a seemingly renewed debate...
on methodology in legal research.
This collection of essays is a a part of a research project named Towards a European Legal Method: Synthesis or Fragmentation?' funded by the Danish Social Science Research Council for the years 2010-2012.
The 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 EU law and the law of EU Member States within the scope of application of EU law.
Introduction Ulla Neergaard, Ruth Nielsen and Lynn Roseberry
Part I. General Perspectives Revitalising Doctrinal Legal Research in Europe: What About Methodology? Rob van Gestel and Hans-W. Micklitz The Importance of the Instruments Provided for in the Treaties for Developing a European Legal Method 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 Ulla Neergaard and Ruth Nielsen A Toolbox for European Judges Martijn W. Hesselink Methodology and Theoretical Disagreement /Dennis Patterson
Part II. Comparative Perspective European Legal Method from a Swedish Perspective Rights, Compensation and the Role of the Courts Jane Reichel EU-Compatible Interpretation of the National Law with some Constitutional Reservations Case of the Czech Republic Kristina Koldinská European Legal Method from a French Perspective. The Magic of Combination: Uses and Abuses of the Globalisation of Sources by European Courts Sophie Robin-Olivier Judicial Method of English Courts And Tribunals in EU Law Cases: A Case Study in Employment Law Tamara Hervey and Natalie Sheldon
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