Browsing by Title

Title:Judging Judges: Do Judges Meet their Constitutional Obligation to Settle Disputes in Conformity with ‘Principles of Justice and International Law’? Author(s):PETERSMANN, Ernst-Ulrich

Date:2008Type:Working PaperSeries/Number:EUI LAW; 2008/01Abstract:This contribution argues that the universal recognition of human rights requires judges to take human rights more seriously in their judicial settlement of disputes “in conformity with the principles of justice and ...

Title:Judging judges: from 'principal-agent theory' to 'constitutional justice' in multilevel 'judicial governance' of economic cooperation among citizens Author(s):PETERSMANN, Ernst-Ulrich

Date:2008Citation:Journal of international economic law, 2008, 11, 4, 827-884Type:ArticleAbstract:How should citizens evaluate the ever more important case law of international economic courts and their sometimes inadequate responses (e.g. by investor-state arbitration) to 'the governance gaps created by globalization ...

Title:Judging Judges: From Principal-Agent Theory to Constitutional Justice in Multilevel Judicial Governance of Economic Cooperation Among Citizens Author(s):PETERSMANN, Ernst-Ulrich

Date:2008Citation:Journal of International Economic Law, 2008, 11, 4, 827-884Type:ArticleAbstract:How should citizens evaluate the ever more important case law of international economic courts and their sometimes inadequate responses (e.g. by investor-state arbitration) to the governance gaps created by globalization ...

Title:Judging Judges: From ‘Principal-Agent Theory’ to ‘Constitutional Justice’ in Multilevel Judicial Governance of Economic Cooperation among Citizens Author(s):PETERSMANN, Ernst-Ulrich

Date:2008Citation:Journal of International Economic Law, 2008, 11, 827-884.Type:Article

Title:Judging the European Court of Justice: The Jurisprudence of Aharon Barak Through a European Lens Author(s):BAETEN, NielsDate:2011Citation:The Columbia Journal of European Law, 2011, 18, 1, 135-155Type:Article

Title:The judgment : framing the argument Author(s):CREMONA, Marise

Date:2013Citation:Antonio TIZZANO, Julianne KOKOTT and Sacha PRECHAL (eds), 50th anniversary of the judgment in Van Gend en Loos 1963-2013 : conference proceedings, Luxembourg, 13 May 2013, Luxembourg : Office des publications de l’Union européenne, 2013, pp. 23-27Type:Contribution to bookAbstract:The shaping of the Van Gend en Loos judgment and its immediate impact provides the focus of the initial contributions and this short introduction reflects on the way the case was framed, by the Court itself, but also in ...

Title:Judicial Activism and the Development of a European Social model in Anti-Discrimination and Consumer Law Author(s):MICKLITZ, Hans-Wolfgang

Date:2010Citation:Ulla NEERGARD, Ruth NIELSEN and Lynn ROSEBERRY (eds), The Role of Courts in Developing a European Social Model - Theoretical and Methodological Perspectives, [Copenhagen], Djoef Publishing, 2010, 25-63Type:Contribution to book

Title:Judicial activism at the European Court of Justice : causes, responses and solutions Editor(s):DAWSON, Mark; DE WITTE, Bruno

; MUIR, EliseDate:2013Citation:Cheltenham : Edward Elgar, 2013Type:BookAbstract:This book delves into the rationale, components of, and responses to accusations of judicial activism at the European Court of Justice. Detailed chapters from academics, practitioners and stakeholders bring diverse ...

Title:Judicial Activism of the European Court of Justice and the Development of the European. Social Mode in Anti-Discrimination and Consumer Law Author(s):MICKLITZ, Hans-Wolfgang

Date:2009Type:Working PaperSeries/Number:EUI LAW; 2009/19Abstract:My hypothesis, which I try to present in this paper can be broken down into three different affirmations: The ECJ is developing, on the basis of the acquis communautaire, a European Social Framework, not a fully-fledged ...

Title:Judicial administration of justice in multilevel commercial, trade and investment adjudication ? Author(s):PETERSMANN, Ernst-Ulrich

Date:2014Citation:Wenhua SHAN and Jinyuan SU (eds), China and international investment law : twenty years of ICSID membership, Leiden ; Boston : Brill Nijhoff, 2014, Silk road studies in international economic law, Vol. 1, pp. 56-115Type:Contribution to book

Title:Judicial Application of European Union Law in post-Communist Countries: The cases of Estonia and Latvia Author(s):EVAS, TatjanaDate:2012Citation:Farnham, Ashgate, 2012, Studies in modern law and policyType:BookAbstract:This book discusses how the plurality of legal norms operating in the European Union can be balanced to produce a functioning, sustainable and legitimate legal system. Presenting a conceptual framework for assessing and ...

Title:Judicial appointments : the article 255 TFEU advisory panel and selection procedures in the Member States Author(s):DUMBROVSKY, Tomas

; PETKOVA, Bilyana

; VAN DER SLUIS, Marijn

Date:2014Citation:Common market law review, 2014, Vol. 51, No. 2, pp. 455-482Type:ArticleAbstract:This article assesses recent reforms of the appointment procedure for members of the Court of Justice and the General Court. We evaluate the effects of the establishment of the Article 255 TFEU Panel. Next to a discussion ...

Title:Judicial comparativism and legal positivism Author(s):TRIPKOVIC, Bosko

Date:2014Citation:Transnational Legal Theory, 2014, Vol. 5, No. 2, pp. 285-313Type:ArticleAbstract:The article explores the relationship between the use of foreign law in courts and legal positivism. The point of departure is Jeremy Waldron’s notion that foreign consensus is our law; such law exists outside of a legal ...

Title:Judicial cooperation in civil matters : a policy area uncovered Author(s):STORSKRUBB, EvaDate:2006Citation:Florence : European University Institute, 2006Type:ThesisSeries/Number:EUI; LAW; PhD ThesisAbstract:This dissertation examines a burgeoning policy area of the EU - the regulation of cross border civil and commercial litigation. The dissertation analyses the EU's specific legislative measures regulating civil procedure ...

Title:Judicial cross-fertilisation in the European Community Author(s):DE LA MARE, ThomasDate:1995Citation:Florence : European University Institute, 1995Type:ThesisSeries/Number:EUI; LAW; LLM Thesis

Title:Judicial dialogue in action : making sense of the risk of absconding in the return procedure Author(s):MORARU, Madalina Bianca

Date:2020Citation:Madalina Bianca MORARU, Galina CORNELISSE and Philippe DE BRUYCKER (eds), Law and judicial dialogue on the return of irregular migrants from the European Union, Oxford : Hart Publishing, 2020, Modern Studies in European law ; 99, pp. 125-148Type:Contribution to bookAbstract:This chapter analyses the contribution of courts and judicial dialogue to the implementation of the ‘risk of absconding’, which has proved to be one of the most problematic notions introduced by the Return Directive. The ...

Title:The judicial enforcement of EU law through national courts: possibilities and limits Author(s):SLEPCEVIC, ReinhardDate:2009Citation:Journal of European Public Policy, 2009, 16, 3, 378-394.Type:Article

Title:Judicial Epistemology of Free Speech Through Ancient Lenses Author(s):BELAVUSAU, Uladzislau

Date:2010Citation:International Journal for the Semiotics of Law, 2010, 23, 2, 165-183Type:ArticleAbstract:The article is the author’s endeavor to reconstruct the semiotic conflict in the transatlantic legal appraisal of hate speech (between the USA and Europe) through Ancient Greek concepts of παρρησία (parrhēsia) and ισηγορία ...

Title:Judicial Evaluation in Context: Principles, Practices and Promise in Nine European Countries Author(s):MOHR, Richard; CONTINI, FrancescoDate:2007Citation:European Journal of Legal Studies, 2007, 1, 2Type:ArticleAbstract:The paper analyses the experience of nine European countries in developing ways of evaluating judicial activity within the context of courts and responsible authorities, whether ministries or judicial councils. Recognising ...

Title:Judicial federalism from a comparative perspective : Spain, the United States and the United Kingdom Author(s):CASANAS ADAM, ElisendaDate:2009Citation:Florence : European University Institute, 2009Type:ThesisSeries/Number:EUI; LAW; PhD ThesisAbstract:This thesis aims to highlight the importance of the organisation and functioning of the judicial power in complex or composite polities and its relevance as a determinative element of the complex or composite nature of the ...