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Browsing by Subject "fundamental/human rights"
Now showing items 1-11 of 11
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Title: Unilateral Exceptions to International Law: Systematic Legal Analysis and Critique of Doctrines that Seek to Deny or Reduce the Applicability of Human Rights Norms in the Fight against Terrorism Author(s): SCHEININ, Martin; VERMEULEN, Mathias Date: 2010 Type of Publication: Working Paper Series/Report no.: EUI LAW Abstract: This paper on unilateral exceptions to human rights and international law in the fight against terrorism seeks to take stock of a whole range of arguments, doctrines or constructions that states may resort to when seeking ... -
Title: The Illicit Traffic of Cultural Objects in the Mediterranean Author(s): VRDOLJAK, Ana Filipa; FRANCIONI, Francesco Date: 2009 Type of Publication: Working Paper Series/Report no.: EUI AEL Abstract: Ongoing high profile litigation in Europe and the United States against museum officials and art dealers reveals that the illicit trade in cultural heritage is flourishing rather than abating. Ironically, the disparity ...
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Title: The Principle of Proportionality in the Viking and Laval Cases: An appropriate standard of judicial review? Author(s): HÖS, Nikolett Date: 2009 Type of Publication: Working Paper Series/Report no.: EUI LAW Abstract: The article analyses the application of the proportionality principle in the Viking and Laval judgments. It argues that one of the main reasons why the outcome of these two eminent cases became so controversial was because ...
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Title: Le fondement normatif du principe de proportionnalité en théorie constitutionnelle Author(s): TREMBLAY, Luc B. Date: 2009 Type of Publication: Working Paper Series/Report no.: EUI LAW Abstract: In many jurisdictions, the principle of proportionality is actually used by judges as basic standard in the process of judicial review of laws limiting constitutional rights. But what is the normative foundation of the ...
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Title: A European Culture of Religious Tolerance Author(s): AUGENSTEIN, Daniel Date: 2008 Type of Publication: Working Paper Series/Report no.: EUI LAW Abstract: In the European integration process, the European Union continues to struggle for an identity that can generate widespread support amongst its peoples. In this context it has been suggested by some that the European Union ...
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Title: Politics and Constitutional Courts A Judge’s Personal Perspective Author(s): SAFJAN, Marek Date: 2008 Type of Publication: Working Paper Series/Report no.: EUI LAW Abstract: The paper deals with different forms of political impact on the constitutional justice. The main subject of presentation is the analysis of recent Polish experiences which can help to identify better the threats to the ...
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Title: The Extra-Territorialisation of EU Migration Policies and the Rule of Law Author(s): RIJPMA, Jorrit J.; CREMONA, Marise Date: 2007 Type of Publication: Working Paper Series/Report no.: EUI LAW Abstract: This paper takes a closer look at one of the EU’s foundational values, the rule of law, and relates it to the external dimension of the EU’s migration policy. It examines how the EU’s powers in migration management have ...
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Title: External Relations of the EU and the Member States: Competence, Mixed Agreements, International Responsibility, and Effects of International Law Author(s): CREMONA, Marise Date: 2006 Type of Publication: Working Paper Series/Report no.: EUI LAW Abstract: The following Report will be presented to the 22nd FIDE Congress to be held in Limassol, Cyprus, 1-4 November 2006. It has been prepared in response to a questionnaire devised by the General Rapporteur, Professor Piet ...
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Title: Le traité de Prüm Une vraie-fausse coopération renforcée dans l’Espace de sécurité de liberté et de justice Author(s): ZILLER, Jacques Date: 2006 Type of Publication: Working Paper Series/Report no.: EUI LAW Abstract: The paper is a first critical analysis of the 'Prüm Convention on deepening transfrontier cooperation, amongst others in view of combating terrorism, transfrontier crime, and illegal migration', which was signed by Austria, ...
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Title: Multi-Level Judicial Trade Governance without Justice? On the Role of Domestic Courts in the WTO Legal and Dispute Settlement System Author(s): PETERSMANN, Ernst-Ulrich Date: 2006 Type of Publication: Working Paper Series/Report no.: EUI LAW Abstract: The fragmented nature of national and international legal and dispute settlement regimes, and the formalistic nature of the customary international law rules on treaty interpretation and conflicts of laws, offer little ...
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Title: 'Solange, chapter 3': Constitutional Courts in Central Europe – Democracy – European Union Author(s): SADURSKI, Wojciech Date: 2006 Type of Publication: Working Paper Series/Report no.: EUI LAW Abstract: Soon after the accession of eight post-communist States from Central and Eastern Europe to the EU, the constitutional courts of some of these countries questioned the principle of supremacy of EU law over national ...
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