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General Principles of Law: European and Comparative Perspectives

Edited by: Stefan Vogenauer

ISBN13: 9781509933099
Published: October 2019
Publisher: Hart Publishing
Country of Publication: UK
Format: Paperback (Hardback in 2017)
Price: £44.99
Hardback edition , ISBN13 9781509910717



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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 critically examine 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 at the EU law.

Viewed through the perspective of proportionality, legal certainty, fundamental rights the dynamic relationship between the ingenuity of the Court of Justice and the process of Treaty revision is comprehensively illustrated.

Subjects:
EU Law
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

Series: Studies of the Oxford Institute of European and Comparative Law

Demoicratic Authority: On the Nature and Grounds of the EU's Right to Rule ISBN 9781509965137
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New Economic Constitutionalism in Europe ISBN 9781509952113
Published May 2021
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Discretion in EU Public Procurement Law ISBN 9781509946136
Published December 2020
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£43.99
The Code Napoléon Rewritten: French Contract Law after the 2016 Reforms ISBN 9781509936557
Published February 2020
Hart Publishing
£64.99
New Economic Constitutionalism in Europe (eBook) ISBN 9781509909650
Published October 2019
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£40.49
(ePub)
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New Economic Constitutionalism in Europe ISBN 9781509909629
Published October 2019
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£100.00
Discretion in EU Public Procurement Law ISBN 9781509919482
Published May 2019
Hart Publishing
£95.00
Discretion in EU Public Procurement Law (eBook) ISBN 9781509919499
Published May 2019
Hart Publishing
£39.59
(ePub)
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The Code Napoleon Rewritten: French Contract Law after the 2016 Reforms ISBN 9781509911608
Published October 2017
Hart Publishing
£130.00
£58.49
(ePub)
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General Principles of Law: European and Comparative Perspectives ISBN 9781509910717
Published June 2017
Hart Publishing
£120.00
The Unitary EU Patent System ISBN 9781509914173
Published June 2017
Hart Publishing
£31.99
General Principles of Law: European and Comparative Perspectives (eBook) ISBN 9781509910700
Published June 2017
Hart Publishing
£40.49
(ePub)
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Passing Wealth on Death: Will-Substitutes in Comparative Perspective ISBN 9781849466981
Published July 2016
Hart Publishing
£100.00
£90.00
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£39.99
The Unitary EU Patent System (eBook) ISBN 9781849469401
Published February 2015
Hart Publishing
£28.79
(ePub)
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The Unitary EU Patent System ISBN 9781849466196
Published February 2015
Hart Publishing
£85.00
£35.99
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£95.00
The Involvement of EU Law in Private Law Relationships (eBook) ISBN 9781782251057
Published March 2013
Hart Publishing
£117.00
(ePub)
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The Involvement of EU Law in Private Law Relationships ISBN 9781849463300
Published March 2013
Hart Publishing
£130.00
Protection of Fundamental Rights in the EU After Lisbon ISBN 9781849464437
Published January 2013
Hart Publishing
£85.00
Protection of Fundamental Rights in the EU After Lisbon (eBook) ISBN 9781782250593
Published January 2013
Hart Publishing
£76.50
(ePub)
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Constitutional Pluralism in the European Union and Beyond ISBN 9781849461252
Published February 2012
Hart Publishing
£150.00
Constitutional Pluralism in the European Union and Beyond (eBook) ISBN 9781847318923
Published February 2012
Hart Publishing
£135.00
(ePub)
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Prohibition of Abuse of Law: A New General Principle of EU Law ISBN 9781841139388
Published June 2011
Hart Publishing
£160.00
£144.00
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Article 82 EC: Reflections on Its Recent Evolution
Edited by: Ariel Ezrachi
ISBN 9781841132501
Published October 2009
Hart Publishing
£95.00
£175.50
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Reforming the French Law of Obligations ISBN 9781841138053
Published April 2009
Hart Publishing
£195.00
Performance-Oriented Remedies in European Sale of Goods Law ISBN 9781841138930
Published January 2009
Hart Publishing
£95.00
Forum Shopping in the European Judicial Area ISBN 9781841137834
Published December 2007
Hart Publishing
£95.00
Better Regulation ISBN 9781841137155
Published June 2007
Hart Publishing
£95.00
Constitutionalism and the Role of Parliaments ISBN 9781841136431
Published June 2007
Hart Publishing
£90.00
Human Rights and Private Law: Privacy as Autonomy ISBN 9781841137148
Published April 2007
Hart Publishing
£80.00
Human Rights and Private Law: Privacy as Autonomy (eBook) ISBN 9781847317025
Published April 2007
Hart Publishing
£72.00
(ePub)
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The Public Law/Private Law Divide: Une entente assez cordiale? ISBN 9781841136356
Published March 2006
Hart Publishing
£85.00