Presented at the 8th Cornell Inter-University Graduate Student Conference, April 2012.
My aim in this article is to examine ways in which the present system of legal thinking and legal methodologies could be improved through careful examination and verification of factual data. There is a widely held view among legal scholars that legal global system is in need of reform. By studying the real operations of law, one should discover the facts constituted the law. This article will examine the extent to which it is possible to identify a coherent legal method that may be applied when analyzing European Union Law and the law of European Member States within application of European Union Law.
The article is meant primarily to be a basic research at a meta-level. The article aims to answer two main research questions about doctrine of the sources of law and their interpretation related to the development of EU law in interaction with the law of its Member States: What are characteristics of the legal method actually used by European legal actors? What changes in the relative importance of various sources of law occur in connection with the integration of EU law into national law?
Today, unanimity in support of the rule of law promotion is a feat unparalleled in history. No other single political ideal has ever achieved global support. In a globe undergoing constant and legal rapid change, it is imperative to accurately describe, explain, and predict the key events and issues unfolding in global legal affairs. By examining the legal methods actually used by the EU institutions and other European legal actors in each of the substantive areas, and by analyzing those methods in light of the currently prevailing legal theories I will be able to identify similarities and differences in the way the European legal actors go about answering questions about what is valid law.
Date of Authorship for this Version
European Union law
Nezaj, Novitet Xh., "Reflections on the Development of the EU Law" (2012). Cornell Law School Inter-University Graduate Student Conference Papers. Paper 56.