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General Principles of Law: European and Comparative Perspectives [Kietas viršelis]

Edited by (Max Planck Institute for European Legal History), Edited by (University of Oxford)
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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.

Recenzijos

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. -- Joakim Nergelius * Common Market Law Review * 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. -- Tim Corthaut * European Law Blog *

Preface v
List of Contributors
xi
1 Introduction
1(4)
2 General Principles of International Law
5(16)
Catherine Redgwell
3 From Myth to Reality: The EU's `New Legal Order' and the Place of General Principles Within It
21(20)
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
41(12)
Urska Sadl
Joxerramon Bengoetxea
5 Is Legality a Principle of EU Law?
53(24)
Alexander Somek
6 General Principles and the Many Faces of Coherence: Between Law and Ideology in the European Union
77(28)
Xavier Groussot
Jorgen Hettne
Gunnar Thor Petursson
7 General Principles and Customary Law in the EU Legal Order
105(28)
Samantha Besson
Part II Proportionality
8 Proportionality
133(12)
Alison L. Young
Grainne de Burca
9 Proportionality and Judicial Review: A UK Historical Perspective
145(22)
Paul Craig
10 The Evolution of the Principle of Proportionality in EU Law---Towards an Anticipative Understanding?
167(12)
Juliane Kokott
Christoph Sobotta
11 Proportionality and the Margin of Appreciation: Strasbourg and London
179(16)
Philip Sales
12 Origins and Presentation of the Proportionality Principle in French Case Law
195(26)
Yoan Sanchez
13 An Italian Perspective on the Principle of Proportionality
221(22)
Giuseppe Martinico
Marta Simoncini
14 The Application of Proportionality in Denmark in the Light of European Legal Integration
243(12)
Helle Krunke
Part III Private Autonomy and Protection of the Weaker Party
15 Private Autonomy and Protection of the Weaker Party
255(14)
Stephen Weatherill
Stefan Vogenauer
Petra Weingerl
16 Private Autonomy and the Protection of the Weaker Party: Historical
269(28)
Hector L. MacQueen
Stephen Bogle
17 Personal Freedom and the Protection of the Weak through the Lens of Contract: Jurisprudential Overview
297(10)
Dori Kimel
18 Private Autonomy, Weak Parties and Private Law: Views from Law and Economics
307(22)
Fernando Gomez
Mireia Artigot
19 Fairness at a Time of Perplexity: The Civil Law Principle of Fairness in the Court of Justice of the European Union
329(26)
Daniela Caruso
20 Discrimination on Grounds of Obesity
355(10)
Niilo Jaaskinen
21 Discrimination on the Grounds of Sexual Orientation and Gender Identity
365(32)
Alina Tryfonidou
Concluding Remarks
22 Judging General Principles
397(14)
David Edward
Index 411
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.