Suchergebnisse

EU law is an autonomous legal system. It requires its own methodology, independent of the national traditions of the Member States. The contributions to this volume provide elements of a genuinely European legal method. They discuss 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. Core issues of legal methods such as the sources of law, the interpretation of EU primary law and secondary legislation, the concretisation of general clauses, and judicial development of the law are also analysed. Furthermore, the temporal effects of EU directives on the one hand and of judgments of the Court of Justice of the European Union raise specific issues of EU law. Contributions are also devoted to issues of a multi-level legal system. Beyond general aspects, directives, in particular, raise special questions: 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 ('gold-plating')? Further contributions inquire into methodological issues in contract law, employment law, company law, capital market law and competition law. They illustrate the general aspects of European legal methods with a view to specific applications and also reveal specific issues of methods which occur in these areas. Finally, legal methods from national perspectives of different Member States, namely France, Germany, Italy, Poland, Spain and the United Kingdom, are examined. The authors reveal national traditions of legal methods and national preconceptions and illustrate the application of EU legal methods in different national contexts

Legal scholarship is one of the oldest academic disciplines, and the study of law has been passed on from generation to generation as an implicit 'savoir faire'. It was presumed that all legal scholars understood the methodology of legal research, making its explicit clarification and justification unnecessary. Over the last decade, the lack of an explicit methodological tradition has become problematic due to the growing interdisciplinary collaboration at universities and the increased importance of external funding, often granted by mixed experts panels. It is therefore time for legal scholarship to make its implicit methodology explicit

The article is devoted to the problem of a legally secured attempt to repeal the Commercial Code of Ukraine and thus undermine the legal economic order, exaggerating the importance of certain civil structures of property regulation for the economy. In this regard, the article attempts to present a range of arguments in favor of comprehensive, organic and effective regulation of economic market relations, as well as in favor of effective legal support for the implementation of the state's own economic policy which is economic and legal regulation. Hypothetically, the abolition of the Commercial Code of Ukraine cannot be equated with the abolition of only certain forms of property rights and certain organizational and legal forms of economic organizations. Such an action will lead to the undermining of the entire legal economic order by the universal basic algorithm of which the Commercial Code of Ukraine serves. After all, only it formed the types of economic relations, types of economic activity - commercial and non-commercial management, economic policy and legal principles of its implementation, state regulation of economic activity and a certain classification of its main legal means of influence, the system of economic entities, which provides ample opportunities choose a specific organizational and legal form from a wide range of options, features of the legal status of state and municipal enterprises - the basis of special legal regimes of the state and municipal sectors of the national economy and many other socially significant aspects. Accordingly, the article raises the question of the economic effect of the introduction of the proposed bill, which should be taken into account and proposed for discussion, as its destructive potential is obvious. The article also draws attention to the need for criminological examination of this civil bill, one of the large-scale results of which should be the transfer of ownership from the state and local communities to the ownership of legal entities - companies to ...