General Principles of Law: European and Comparative Perspectives

by Stefan Vogenauer (Editor), Stephen Weatherill (Editor)

Overview

Examining general principles of law provides one of the most instructive examples of the intersection between EU law and comparative law. This collection draws on the expertise of high-profile and distinguished scholars to provide a critical examination of this interaction. It shows how general principles of EU law need to be responsive to national laws. In addition, it is clear that the laws of the Member States have no choice but to be responsive to the general principles which are developed through EU law. Viewed through the perspective of proportionality, legal certainty, and fundamental rights, the dynamic relationship between the ingenuity of the Court of Justice, the legislative process and the process of Treaty revision is comprehensively illustrated.

Product Details

ISBN-13:	9781509910700
Publisher:	Bloomsbury Publishing
Publication date:	06/15/2017
Series:	Studies of the Oxford Institute of European and Comparative Law
Sold by:	Barnes & Noble
Format:	eBook
Pages:	432
File size:	584 KB

About the Author

Stefan Vogenauer is Director of the Max Planck Institute for European Legal History, Frankfurt.

Stephen Weatherill is Jacques Delors Professor of European Law, University of Oxford.
Director at the Max Planck Institute for European Legal History
Stephen Weatherill is the Jacques Delors Professor of European Law at the University of Oxford and a Fellow of Somerville College.


Photo courtesy of Faculty of Law, University of Oxford.

Table of Contents

1. Introduction
2. General Principles of International Law
Catherine Redgwell
3. From Myth to Reality: The EU's 'New Legal Order' and the Place of General Principles Within It
Stephen Weatherill

Part I: General Principles of European Union Law
4. Theorising General Principles of EU Law in Perspective: High Expectations, Modest Means and the Court of Justice
Urška Šadl and Joxerramon Bengoetxea
5. Is Legality a Principle of EU Law?
Alexander Somek
6. General Principles and the Many Faces of Coherence: Between Law and Ideology in the European Union
Xavier Groussot, Jörgen Hettne and Gunnar Thor Petursson
7. General Principles and Customary Law in the EU Legal Order
Samantha Besson

Part II: Proportionality
8. Proportionality
Alison L Young and Gráinne de Búrca
9. Proportionality and Judicial Review: A UK Historical Perspective
Paul Craig
10. The Evolution of the Principle of Proportionality in EU Law-Towards an Anticipative Understanding?
Juliane Kokott and Christoph Sobotta
11. Proportionality and the Margin of Appreciation: Strasbourg and London
Philip Sales
12. Origins and Presentation of the Proportionality Principle in French Case Law
Yoan Sanchez
13. An Italian Perspective on the Principle of Proportionality
Giuseppe Martinico and Marta Simoncini
14. The Application of Proportionality in Denmark in the Light of European Legal Integration
Helle Krunke

Part III: Private Autonomy and Protection of the Weaker Party
15. Private Autonomy and Protection of the Weaker Party
Stephen Weatherill, Stefan Vogenauer and Petra Weingerl
16. Private Autonomy and the Protection of the Weaker Party: Historical
Hector L MacQueen and Stephen Bogle
17. Personal Freedom and the Protection of the Weak through the Lens of Contract: Jurisprudential Overview
Dori Kimel
18. Private Autonomy, Weak Parties and Private Law: Views from Law and Economics
Fernando Gómez and Mireia Artigot
19. Fairness at a Time of Perplexity: The Civil Law Principle of Fairness in the Court of Justice of the
European Union
Daniela Caruso
20. Discrimination on Grounds of Obesity
Niilo Jääskinen
21. Discrimination on the Grounds of Sexual Orientation and Gender Identity
Alina Tryfonidou

Concluding Remarks
22. Judging General Principles
David Edward

Editorial Reviews

Overall, this is a thought provoking book... A collection of well written essays that remind us of the kaleidoscopic nature of the European legal order, forcing the reader to leave the clichés behind and reflect more deeply about legal concepts we use on a daily basis, without ever fully grasping their nature.

This book has a somewhat stronger leaning towards legal history and legal theory than most of the previous publications within this field, trying to put the issue of general principles in a given theoretical context. This definitely makes it an interesting and important contribution to EU law literature.

From the Publisher