European Legal Method

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

The Authors/Editors