THE MIGRATION OF PRECEDENT IN CIVIL LAW COUNTRIES : AN EU PERSPECTIVE
Dr. Ardit Memeti
Assistant Professor – Kuwait International Law School – Doha, Kuwait
Prof. David Morgan
Distinguished Professor – Kuwait International Law School – Doha – Kuwait and Emeritus Professor of Law at University College Cork – Ireland
Abstract:
Especially with the increase in transnational and international law, that quintessential feature of the common law, the precedent doctrine, is becoming an unexpectedly successful export model to civil law jurisdictions.
This paper will address the influence of precedent in civil law countries by primarily focusing on European Union Law and to a lesser extent, in International Law and the European Convention on Human Rights. This practice is increasing, despite the fact that in the European Union only two out of the 28 Member States are common law jurisdictions.
Key terms: precedent, sources of law, civil law, common law, transnational law, International Law, European Union Law, European Convention on Human Rights.