Konrad Walter: Rechtsfortbildung durch den EuGH, Eine rechtsmethodische Untersuchung ausgehend von der deutschen und franzosischen Methodenlehre Duncker & Humblot, Berlin, 2009, 414 S

摘要

Legislation by adjudication of the European Court of Justice is the topic of this well structured book. It is not surprising that the court is more enterprising than e.g. the German Constitutional Court as it is composed not only by former national judges but also seasoned politicians with a legal education. In order to create room for judicial legislation, the court has developed the doctrine of contractual gaps that need to be closed; this doctrine is widely accepted in the literature.