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Vol 22 No 10 Oct/Nov 2017

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Lindley & Banks on Partnership

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General Principles of Law: European and Comparative Perspectives

Edited by: Stefan Vogenauer

ISBN13: 9781509910717
Published: June 2017
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £85.00



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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:
Comparative Law, 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

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General Principles of Law: European and Comparative Perspectives (eBook) ISBN 9781509910700
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The Unitary EU Patent System (eBook) ISBN 9781849469401
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Performance-Oriented Remedies in European Sale of Goods Law ISBN 9781841138930
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Forum Shopping in the European Judicial Area ISBN 9781841137834
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Human Rights and Private Law: Privacy as Autonomy ISBN 9781841137148
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The Public Law/Private Law Divide: Une entente assez cordiale? ISBN 9781841136356
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