<abstract xmlns="http://www.w3.org/1999/xhtml"><p>Nowadays, the notion of Europeanisation, which has formerly been used as a description for multi-level governance, prevails also in the area of law. Legal Europeanisation is a process that appears in the interactions of legal systems of the Member States between one another, as well as between European law and the laws of the Member States. Its main area is the appearance of European legal elements in the legal practice of Member States. At some point, the court practice of Member States may affect European law, as well. Due to the occurrence of comparative law elements, interactions can be observed between courts in the EU. According to our basic premise, the interactions can be best observed through the practice of different courts. This article aims to prove this premise by establishing different guiding principles through further Hungarian court decisions in the field of civil law.</p></abstract>

Nowadays, the notion of Europeanisation, which has formerly been used as a description for multi-level governance, prevails also in the area of law. Legal Europeanisation is a process that appears in the interactions of legal systems of the Member States between one another, as well as between European law and the laws of the Member States. Its main area is the appearance of European legal elements in the legal practice of Member States. At some point, the court practice of Member States may affect European law, as well. Due to the occurrence of comparative law elements, interactions can be observed between courts in the EU. According to our basic premise, the interactions can be best observed through the practice of different courts. This article aims to prove this premise by establishing different guiding principles through further Hungarian court decisions in the field of civil law.

Europeanisation effects in the court jurisprudence

International and Comparative Law Review

This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 3.0 License.

{"article-title":"Europeanisation effects in the court jurisprudence"}

Nowadays, the notion of Europeanisation, which has formerly been used as a description for multi-level governance, prevails also in the area of law. Legal...

Europeanisation effects in the court jurisprudence

Published Online: Oct 07, 2019

Page range: 261 - 275

DOI: https://doi.org/10.2478/iclr-2018-0059

Keywords
Legal Europeanisation, interactions of jurisprudence, comparative law methods, interpretation, doctrine of legal interpretation, the impact of autonomous dogmas, principle of the obligation of interpretation, living European law, Hungarian case law

© 2019 Katalin Gombos, published by Sciendo

This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 3.0 License.

Europeanisation effects in the court jurisprudence

Published Online: Oct 07, 2019

Page range: 261 - 275

DOI: https://doi.org/10.2478/iclr-2018-0059

KeywordsLegal Europeanisation, interactions of jurisprudence, comparative law methods, interpretation, doctrine of legal interpretation, the impact of autonomous dogmas, principle of the obligation of interpretation, living European law, Hungarian case law

© 2019 Katalin Gombos, published by Sciendo

This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 3.0 License.

Keywords
Legal Europeanisation, interactions of jurisprudence, comparative law methods, interpretation, doctrine of legal interpretation, the impact of autonomous dogmas, principle of the obligation of interpretation, living European law, Hungarian case law