Vivre et travailler avec le droit comparé. Réflexions d’une juge et professeure
Live and work with comparative law. Reflections of a judge and teacher
Author(s): Camelia ToaderSubject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Universul Juridic
Keywords: Court of Justice of the European Union; work of an European judge; methods of interpretation; comparative law in the everyday life; private international law; contract law; succession law;
Summary/Abstract: This article offers a perspective, both personal and objective, on the work of a European judge at the Court of Justice of the European Union (CJEU). On the one hand, the contribution presents the path followed by such a professional to succeed in this career and the importance of interacting with comparative law along the way, from the very first encounters with the discipline of law. On the other hand, the second part of the article focuses on the importance of comparative law in the daily work of a judge at the CJEU, which can be identified at all stages of research and creation of a judgment. More specifically, it evocates the need for cooperation between Members and staff of this institution coming from as many different legal traditions as there are Member States, as well as the importance of communication and the search for the best solution, marked by arguments drawn from and characterized by this multitude of sources of law. Finally, a large part is dedicated to the method of interpretation of comparative law, often used in judgments, whether at the level of textual, systematic, historical or teleological interpretation. Evocative examples can be found in a wide variety of fields, such as private international law, contract law, fundamental rights or inheritance. The article concludes by highlighting the great importance of comparative law in the work of a judge at the CJEU, an importance that will continue to grow over the years to come with the advancement of European integration.
Journal: Revista Română de Drept Comparat
- Issue Year: 2020
- Issue No: 02
- Page Range: 213-226
- Page Count: 14
- Language: French
- Content File-PDF