Grundsätze im methodischen Umgang mit der Dynamik des Europäischen Prozessualen Sekundärrechts

Untersucht am Beispiel des Wohnsitzgerichtsstands des Geschädigten nach Art. 13 Abs. 2 i.V.m. Art. 11 Abs. 1 lit. b EuGVO

Principles in the Methodical Handling of the Dynamics of European Procedural Secondary Law
2021. 3 Abb.; 208 S.
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ISBN 978-3-428-18194-0
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ISBN 978-3-428-58194-8
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»Principles in the Methodical Handling of the Dynamics of European Procedural Secondary Law«

Due to the progressive economic and political integration of the Member States, the le-gal order of the European Union is in a state of ongoing change. Especially with regard to European Secondary Law, this change leads to a constant evolution of the law. For the legal professional, the question therefore arises how to methodically deal with the change in the systematic environment of the existing European Union law. At the core of the discussion in this thesis is the fundamental question of whether the law that has been newly enacted or amended in the course of the progressive evolution of Second-ary Law must also be taken into account in the application and interpretation of existing Secondary Law that has remained unchanged. This methodological peculiarity to be observed in the application of Secondary Law, which can also be referred to as the evolutionary interpretation of the law, will be explained on the basis of an example, the domicile jurisdiction of the injured party according to Art. 13 para. 2 in conjunction with Art. 11 para. 1 lit. b of the Brussels Ia Regulation.

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