Language:
Hebrew
Year of publication:
2021
Titel der Quelle:
משפט ועסקים
Angaben zur Quelle:
כד (תשפא) 279-339
Keywords:
Common law
;
Law
;
Comparative law
;
Civil law
;
Public law
Abstract:
The importance and significance of comparative sources to the development of Israeli jurisprudence can be seen in local legislation and rulings. Numerous studies in local literature have analyzed and justified the influence of foreign law on the development of Israeli law. These studies focused on the two paradigmatic and most studied and recognized legal systems: common law (the Anglo-American system) and civil law (the Continental system). The historical reasons for this are clear as Israel’s legal system is based on these exact legal regimes and consequently changes in light of their developments. However, over the years, Israeli law developed and became a multifaceted mosaic that implemented legal doctrines and interpretations from different and various legal systems. One of the most prominent legal systems in recent decades is European Union (EU) law – which is to say, that of the largest democratic bloc of countries in the world – influencing the development of legal interpretation of Israeli law. This sequel article seeks to complete the research picture presented in the previous article, which laid the theoretical and historical infrastructure of comparative law in Israel as well as of Israeli-EU relations. The article offers an integrated descriptive and empirical analysis of all the Israeli Supreme Court’s (ISC) references to all sources of EU law.The analysis presented in this article chronologically tracks the impact of EU law on the branches of public law and private law in Israel, and provides an overview of ISC references to additional European sources. The findings of this article demonstrate a salient increase in both the frequency and quality of the references in ISC judgments to EU law, and indicate that ISC justices increasingly consider the EU legal system as a source for legal interpretation and inspiration. Nonetheless, the article finds that EU law is not yet well known in Israel, and has not received the place it deserves in the ISC rulings.The findings of this study reveal a gradual but modest diffusion of EU legal norms into the ISC rulings. This modest growth is not occurring in a vacuum, and it is part and parcel of a broader rapprochement in Israeli-EU relations (as discussed in the first article). The critique articulated in this article regarding the limited number of references to EU law in Israeli jurisprudence emanates precisely from this point. In light of the unique relationships between Israel, the EU, and all its member states, it is expected that EU law would enjoy a higher status in Israeli rulings and that it would have a more profound impact on Israeli jurisprudence.
URL:
אתר את הפרסום בקטלוג המאוחד של ספריות ישראל
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