Browsing by Title

Title:Judge-made law and detention of irregular migrants in Europe : a comparative study of the jurisprudences of the Italian Constitutional Court, the Court of Justice of the European Union and the European Court of Human Rights Author(s):JAEGER, Edwina

Date:2019Citation:Florence : European University Institute, 2019Type:ThesisSeries/Number:EUI; LAW; PhD ThesisAbstract:The aim of this thesis is to examine the impact of the judge on the content of the laws and criminal policies regarding irregular immigration. More specifically, this work is based on the jurisprudence regarding the ...

Title:Judges as guardians of constitutionalism and human rights Editor(s):SCHEININ, Martin

; KRUNKE, Helle; AKSENOVA, Marina

Date:2016Citation:Cheltenham ; Northampton : Edward Elgar Publishing, 2016Type:BookAbstract:This book considers the many challenges that national and supranational judges have to face when fulfilling their roles as guardians of constitutionalism and human rights. The contributors, both academics and judges, discuss ...

Title:Judges sitting on the Warsaw-Budapest express train : the independence of Polish and Hungarian judges before the CJEU Author(s):BAKÓ, Beáta Csilla

Date:2020Citation:European public law, 2020, Vol. 26, No. 3, pp. 587-614Type:ArticleAbstract:This article is a contribution to the vital discussions about the rule of law in the EU, focusing on a specific and crucial element of the rule of law: judicial independence. Recently, the CJEU started to use Article 19 ...

Title:Judges' perspective on the level of punishment Author(s):BAR NIV, Moshe; LACHMAN, RanDate:2017Citation:European journal of legal studies, 2017, Vol. 9, No. 2, pp. 171-208Type:ArticleAbstract:Whether or not courts impose an adequate level of punishment, is an important issue in terms of sustaining the social order, maintaining the judicial system's legitimacy, and designing anti-crime policies. To assess the ...

Title:Judge’s Empire? - Interview with Rudolf Bernhardt Author(s):BERNHARDT, RudolfDate:2007Citation:European Journal of Legal Studies, 2007, 1, 2Type:ArticleAbstract:Prof. Dr. Rudolf Bernhardt is the former President and Vice-President of the European Court of Human Rights, Strasbourg (France) and former Director of the Max Planck Institute for Comparative Public Law and International ...

Title:Judging a declaration : Condorcet, rights and the general will in 1789 Author(s):MCCRUDDEN ILLERT, Kathleen

Date:2022Citation:French history, 2022, Vol. 36, No. 3, pp. 301-316Type:ArticleAbstract:This article argues that a study of unpublished notes for a treatise on the Déclaration des droits, written by the marquis de Condorcet in 1789, offers an insight into a problem that has defined scholarship on the philosophe ...

Title:Judging in the Multilevel Legal Order: Exploring the Techniques of ‘Hidden Dialogue’ Author(s):MARTINICO, GiuseppeDate:2010-01-01Citation:King’s Law Journal, 2010, 21, 2, 257-281Type:ArticleAbstract:The aim of this paper is to focus on that particular form of judicial conversation represented by what I have endeavoured to call the techniques of 'hidden dialogue' between the European Court of Justice (ECJ) and the ...

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 ...