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General Principles of Law: European and Comparative Perspectives (eBook)

Edited by: Stefan Vogenauer

ISBN13: 9781509910700
Published: June 2017
Publisher: Hart Publishing
Country of Publication: UK
Format: eBook (ePub)
Price: Out of print
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Also available as
Hardback
9781509910717
£130.00

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, eBooks
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

Cover of Civil Justice Systems in Europe: Implications for Choice of Forum and Choice of Contract Law
Civil Justice Systems in Europe: Implications for Choice of Forum and Choice of Contract Law
Edited by: Stefan Vogenauer, Christopher Hodges
ISBN 9781841139852
To be published July 2030
Hart Publishing
£50.00
Cover of Default Rules in Private Law
Default Rules in Private Law
Edited by: Birke Häcker, Johannes Ungerer
ISBN 9781509973569
Published January 2027
Hart Publishing
Price on Application
Cover of The Foundations of Tort Law in the Civilian Tradition: A Comparative Perspective
The Foundations of Tort Law in the Civilian Tradition: A Comparative Perspective
Enrique Barros
ISBN 9781509983315
Published January 2027
Hart Publishing
Price on Application
Cover of Default Rules in Private Law
Default Rules in Private Law
Edited by: Birke Häcker, Johannes Ungerer
ISBN 9781509973521
Published September 2025
Hart Publishing
£100.00
Cover of The Foundations of Tort Law in the Civilian Tradition: A Comparative Perspective
The Foundations of Tort Law in the Civilian Tradition: A Comparative Perspective
Enrique Barros
ISBN 9781509983278
Published August 2025
Hart Publishing
£160.00
Cover of The Foundations of Tort Law in the Civilian Tradition: A Comparative Perspective (eBook)
The Foundations of Tort Law in the Civilian Tradition: A Comparative Perspective (eBook)
Enrique Barros
ISBN 9781509983285
Published August 2025
Hart Publishing
Out of print

Due to a technical issue some ebooks are not available to order.

Cover of Demoicratic Authority: On the Nature and Grounds of the EU's Right to Rule
Demoicratic Authority: On the Nature and Grounds of the EU's Right to Rule
Josef Weinzierl
ISBN 9781509965137
Published July 2025
Hart Publishing
£41.99
Cover of Demoicratic Authority: On the Nature and Ground of the EU’s Right to Rule
Demoicratic Authority: On the Nature and Ground of the EU’s Right to Rule
Josef Weinzierl
ISBN 9781509965045
Published January 2024
Hart Publishing
£90.00
Cover of Demoicratic Authority: Nature and Ground of the EU’s Right to Rule (eBook)
Demoicratic Authority: Nature and Ground of the EU’s Right to Rule (eBook)
Josef Weinzierl
ISBN 9781509965052
Published January 2024
Hart Publishing
£37.79

Due to a technical issue some ebooks are not available to order.

Cover of Property and Contract: Comparative Reflections on English Law and Spanish Law
Property and Contract: Comparative Reflections on English Law and Spanish Law
Edited by: John Cartwright, Ángel M López y López
ISBN 9781509954483
Published May 2023
Hart Publishing
£42.99
Cover of Property and Contract: Comparative Reflections on English Law and Spanish Law
Property and Contract: Comparative Reflections on English Law and Spanish Law
Edited by: John Cartwright, Ángel M. López y López
ISBN 9781509929337
Published November 2021
Hart Publishing
£95.00
Cover of Property and Contract: Comparative Reflections on English Law and Spanish Law (eBook)
Property and Contract: Comparative Reflections on English Law and Spanish Law (eBook)
Edited by: John Cartwright, Ángel M. López y López
ISBN 9781509929344
Published November 2021
Hart Publishing
Out of print

Due to a technical issue some ebooks are not available to order.

Cover of New Economic Constitutionalism in Europe
New Economic Constitutionalism in Europe
George Gerapetritis
ISBN 9781509952113
Published May 2021
Hart Publishing
£49.99
Cover of Discretion in EU Public Procurement Law
Discretion in EU Public Procurement Law
Edited by: Sanja Bogojevic, Xavier Groussot, Jörgen Hettne
ISBN 9781509946136
Published December 2020
Hart Publishing
£44.99
Cover of The Code Napoléon Rewritten: French Contract Law after the 2016 Reforms
The Code Napoléon Rewritten: French Contract Law after the 2016 Reforms
Edited by: John Cartwright, Simon Whittaker
ISBN 9781509936557
Published February 2020
Hart Publishing
£69.99
Cover of The Future of Contract Law in Latin America: The Principles of Latin American Contract Law
The Future of Contract Law in Latin America: The Principles of Latin American Contract Law
Edited by: Rodrigo Momberg, Stefan Vogenauer
ISBN 9781509935147
Published January 2020
Hart Publishing
£49.99
Cover of New Economic Constitutionalism in Europe (eBook)
New Economic Constitutionalism in Europe (eBook)
George Gerapetritis
ISBN 9781509909650
Published October 2019
Hart Publishing
Out of print

Due to a technical issue some ebooks are not available to order.

Cover of General Principles of Law: European and Comparative Perspectives
General Principles of Law: European and Comparative Perspectives
Edited by: Stefan Vogenauer
ISBN 9781509933099
Published October 2019
Hart Publishing
£49.99
Cover of New Economic Constitutionalism in Europe
New Economic Constitutionalism in Europe
George Gerapetritis
ISBN 9781509909629
Published October 2019
Hart Publishing
£110.00
Cover of Discretion in EU Public Procurement Law
Discretion in EU Public Procurement Law
Edited by: Sanja Bogojevic, Xavier Groussot, Jorgen Hettne
ISBN 9781509919482
Published May 2019
Hart Publishing
£100.00
Cover of Discretion in EU Public Procurement Law (eBook)
Discretion in EU Public Procurement Law (eBook)
Edited by: Sanja Bogojevic, Xavier Groussot, Jorgen Hettne
ISBN 9781509919499
Published May 2019
Hart Publishing
Out of print

Due to a technical issue some ebooks are not available to order.

Cover of The Images of the Consumer in EU Law: Legislation, Free Movement and Competition Law
The Images of the Consumer in EU Law: Legislation, Free Movement and Competition Law
Edited by: Dorota Leczykiewicz, Stephen Weatherill
ISBN 9781509921171
Published April 2018
Hart Publishing
£64.99
Cover of The Code Napoleon Rewritten: French Contract Law after the 2016 Reforms
The Code Napoleon Rewritten: French Contract Law after the 2016 Reforms
Edited by: John Cartwright, Simon Whittaker
ISBN 9781509911608
Published October 2017
Hart Publishing
£140.00
Cover of The Code Napoleon Rewritten: French Contract Law after the 2016 Reforms (eBook)
The Code Napoleon Rewritten: French Contract Law after the 2016 Reforms (eBook)
Edited by: John Cartwright, Simon Whittaker
ISBN 9781509911615
Published October 2017
Hart Publishing
Out of print

Due to a technical issue some ebooks are not available to order.

Cover of The Future of Contract Law in Latin America: The Principles of Latin American Contract Law (eBook)
The Future of Contract Law in Latin America: The Principles of Latin American Contract Law (eBook)
Edited by:  Rodrigo Momberg, Stefan Vogenauer
ISBN 9781509914296
Published September 2017
Hart Publishing
Out of print

Due to a technical issue some ebooks are not available to order.

Cover of The Future of Contract Law in Latin America: The Principles of Latin American Contract Law
The Future of Contract Law in Latin America: The Principles of Latin American Contract Law
Edited by:  Rodrigo Momberg, Stefan Vogenauer
ISBN 9781509914272
Published September 2017
Hart Publishing
£130.00
Cover of General Principles of Law: European and Comparative Perspectives
General Principles of Law: European and Comparative Perspectives
Edited by: Stefan Vogenauer
ISBN 9781509910717
Published June 2017
Hart Publishing
£130.00
Cover of The Unitary EU Patent System
The Unitary EU Patent System
Edited by: Justine Pila, Christopher Wadlow
ISBN 9781509914173
Published June 2017
Hart Publishing
£32.99
Cover of Passing Wealth on Death: Will-Substitutes in Comparative Perspective
Passing Wealth on Death: Will-Substitutes in Comparative Perspective
Edited by: Alexandra Braun, Anne Rothel
ISBN 9781849466981
Published July 2016
Hart Publishing
£110.00
Cover of Passing Wealth on Death: Will-Substitutes in Comparative Perspective (eBook)
Passing Wealth on Death: Will-Substitutes in Comparative Perspective (eBook)
Edited by: Alexandra Braun, Anne Rothel
ISBN 9781509907359
Published July 2016
Hart Publishing
Out of print

Due to a technical issue some ebooks are not available to order.

Cover of The Images of the Consumer in EU Law: Legislation, Free Movement and Competition Law
The Images of the Consumer in EU Law: Legislation, Free Movement and Competition Law
Edited by: Dorota Leczykiewicz, Stephen Weatherill
ISBN 9781849465441
Published January 2016
Hart Publishing
£140.00
Cover of The Images of the Consumer in EU Law: Legislation, Free Movement and Competition Law (eBook)
The Images of the Consumer in EU Law: Legislation, Free Movement and Competition Law (eBook)
Edited by: Dorota Leczykiewicz, Stephen Weatherill
ISBN 9781509900367
Published January 2016
Hart Publishing
Out of print

Due to a technical issue some ebooks are not available to order.

Cover of Legal Challenges in the Global Financial Crisis: Bail-Outs, the Euro and Regulation
Legal Challenges in the Global Financial Crisis: Bail-Outs, the Euro and Regulation
Edited by: Wolf-Georg Ringe, Peter Huber
ISBN 9781509905089
Published December 2015
Hart Publishing
£41.99
Cover of The Unitary EU Patent System
The Unitary EU Patent System
Edited by: Justine Pila, Christopher Wadlow
ISBN 9781849466196
Published February 2015
Hart Publishing
£90.00
Cover of The Unitary EU Patent System (eBook)
The Unitary EU Patent System (eBook)
Edited by: Justine Pila, Christopher Wadlow
ISBN 9781849469401
Published February 2015
Hart Publishing
Out of print

Due to a technical issue some ebooks are not available to order.

Cover of Legal Challenges in the Global Financial Crisis: Bail-Outs, the Euro and Regulation
Legal Challenges in the Global Financial Crisis: Bail-Outs, the Euro and Regulation
Edited by: Wolf-Georg Ringe, Peter Huber
ISBN 9781849464390
Published January 2014
Hart Publishing
£100.00
Cover of Legal Challenges in the Global Financial Crisis: Bail-Outs, the Euro and Regulation (eBook)
Legal Challenges in the Global Financial Crisis: Bail-Outs, the Euro and Regulation (eBook)
Edited by: Wolf-Georg Ringe, Peter Huber
ISBN 9781782252573
Published January 2014
Hart Publishing
Out of print

Due to a technical issue some ebooks are not available to order.

Cover of The Involvement of EU Law in Private Law Relationships
The Involvement of EU Law in Private Law Relationships
Edited by: Dorota Leczykiewicz, Stephen Weatherill
ISBN 9781849463300
Published March 2013
Hart Publishing
£140.00
Cover of The Involvement of EU Law in Private Law Relationships (eBook)
The Involvement of EU Law in Private Law Relationships (eBook)
Edited by: Dorota Leczykiewicz, Stephen Weatherill
ISBN 9781782251057
Published March 2013
Hart Publishing
Out of print

Due to a technical issue some ebooks are not available to order.

Cover of Current Problems in the Protection of Human Rights: Perspectives from Germany and the UK
Current Problems in the Protection of Human Rights: Perspectives from Germany and the UK
Edited by: Katja S Ziegler, Peter Huber
ISBN 9781849461245
Published March 2013
Hart Publishing
£95.00
Cover of Current Problems in the Protection of Human Rights: Perspectives from Germany and the UK (eBook)
Current Problems in the Protection of Human Rights: Perspectives from Germany and the UK (eBook)
Edited by: Katja S Ziegler, Peter Huber
ISBN 9781782250890
Published March 2013
Hart Publishing
Out of print

Due to a technical issue some ebooks are not available to order.

Cover of Protection of Fundamental Rights in the EU After Lisbon
Protection of Fundamental Rights in the EU After Lisbon
Edited by: Sybe de Vries, Ulf Bernitz, Stephen Weatherill
ISBN 9781849464437
Published January 2013
Hart Publishing
£90.00
Cover of Protection of Fundamental Rights in the EU After Lisbon (eBook)
Protection of Fundamental Rights in the EU After Lisbon (eBook)
Edited by: Sybe de Vries, Ulf Bernitz, Stephen Weatherill
ISBN 9781782250593
Published January 2013
Hart Publishing
Out of print

Due to a technical issue some ebooks are not available to order.

Cover of Constitutional Pluralism in the European Union and Beyond
Constitutional Pluralism in the European Union and Beyond
Matejand Avbelj, Jan Komarek
ISBN 9781849461252
Published February 2012
Hart Publishing
£150.00
Cover of Constitutional Pluralism in the European Union and Beyond (eBook)
Constitutional Pluralism in the European Union and Beyond (eBook)
Matejand Avbelj, Jan Komarek
ISBN 9781847318923
Published February 2012
Hart Publishing
Out of print

Due to a technical issue some ebooks are not available to order.

Cover of Prohibition of Abuse of Law: A New General Principle of EU Law
Prohibition of Abuse of Law: A New General Principle of EU Law
Edited by: Rita de la Feria, Stefan Vogenauer
ISBN 9781841139388
Published June 2011
Hart Publishing
£170.00
Cover of Prohibition of Abuse of Law: A New General Principle of EU Law (eBook)
Prohibition of Abuse of Law: A New General Principle of EU Law (eBook)
Edited by: Rita de la Feria, Stefan Vogenauer
ISBN 9781847317858
Published June 2011
Hart Publishing
Out of print

Due to a technical issue some ebooks are not available to order.

Cover of Article 82 EC: Reflections on Its Recent Evolution
Article 82 EC: Reflections on Its Recent Evolution
Edited by: Ariel Ezrachi
ISBN 9781841132501
Published October 2009
Hart Publishing
£100.00
Cover of Current Issues in European Financial and Insolvency Law: Perspectives from France and the UK
Current Issues in European Financial and Insolvency Law: Perspectives from France and the UK
Edited by: Wolf-Georg Ringe, Louise Gullifer, Philippe Thery
ISBN 9781841139357
Published June 2009
Hart Publishing
£100.00
Cover of Reforming the French Law of Obligations
Reforming the French Law of Obligations
John Cartwright, Stefan Vogenauer, Simon Whittaker
ISBN 9781841138053
Published April 2009
Hart Publishing
£200.00
Cover of Reforming the French Law of Obligations (eBook)
Reforming the French Law of Obligations (eBook)
John Cartwright, Stefan Vogenauer, Simon Whittaker
ISBN 9781847317216
Published April 2009
Hart Publishing
Out of print

Due to a technical issue some ebooks are not available to order.

Cover of Performance-Oriented Remedies in European Sale of Goods Law
Performance-Oriented Remedies in European Sale of Goods Law
Vanessa Mak
ISBN 9781841138930
Published January 2009
Hart Publishing
£100.00
Cover of The Reform of Class and Representative Actions in European Legal Systems: A New Framework for Collective Redress in Europe
The Reform of Class and Representative Actions in European Legal Systems: A New Framework for Collective Redress in Europe
Christopher Hodges
ISBN 9781841139029
Published October 2008
Hart Publishing
£100.00
Cover of Forum Shopping in the European Judicial Area
Forum Shopping in the European Judicial Area
Edited by: Pascal de Vareilles-Sommières
ISBN 9781841137834
Published December 2007
Hart Publishing
£100.00
Cover of Better Regulation
Better Regulation
Edited by: Stephen Weatherill
ISBN 9781841137155
Published June 2007
Hart Publishing
£100.00
Cover of Constitutionalism and the Role of Parliaments
Constitutionalism and the Role of Parliaments
Edited by: Katja S. Ziegler, Denis Baranger, Anthony W. Bradley
ISBN 9781841136431
Published June 2007
Hart Publishing
£95.00
Cover of Human Rights and Private Law: Privacy as Autonomy (eBook)
Human Rights and Private Law: Privacy as Autonomy (eBook)
Edited by: Katja S Ziegler
ISBN 9781847317025
Published April 2007
Hart Publishing
Out of print

Due to a technical issue some ebooks are not available to order.

Cover of Human Rights and Private Law: Privacy as Autonomy
Human Rights and Private Law: Privacy as Autonomy
Edited by: Katja S Ziegler
ISBN 9781841137148
Published April 2007
Hart Publishing
£85.00
Cover of The Regulation of Unfair Commercial Practices under EC Directive 2005/29: New Rules and New Techniques
The Regulation of Unfair Commercial Practices under EC Directive 2005/29: New Rules and New Techniques
Edited by: Stephen Weatherill, Ulf Bernitz
ISBN 9781841136998
Published February 2007
Hart Publishing
£100.00
Cover of The Harmonisation of European Contract Law: Implications for European Private Laws, Business and Legal Practice
The Harmonisation of European Contract Law: Implications for European Private Laws, Business and Legal Practice
Edited by: Stefan Vogenauer, Stephen Weatherill
ISBN 9781841135915
Published March 2006
Hart Publishing
£110.00
Cover of The Public Law/Private Law Divide: <i>Une entente assez cordiale?</i>
The Public Law/Private Law Divide: Une entente assez cordiale?
Edited by: Mark Freedland, Jean-Bernard Auby
ISBN 9781841136356
Published March 2006
Hart Publishing
£90.00