Title:Multilevel judicial governance in European and international economic law
Author(s):PETERSMANN, Ernst-UlrichDate:2013Type of Publication:Working PaperSeries/Report no.:EUI LAWAbstract:Law and governance need to be justified vis-à-vis citizens in order to be accepted as legitimate and supported by civil society. This contribution argues that the legal and judicial methodologies of multilevel governance ...
Title:The Affordability of Energy: How Much Protection for the Vulnerable Consumers?
Author(s):BARTL, MarijaDate:2010Type of Publication:ArticleAbstract:Affordability is a new 'alien' concept penetrating the field of contract and consumer law as one of the obligations related to the provision of 'universal services' or 'public service' in the context of services of general ...
Title:From a 'common principle of equality' to 'European antidiscrimination law'
Author(s):DE WITTE, BrunoDate:2010Type of Publication:ArticleAbstract:The principle of equality is an important part of the contemporary constitutional law of all European countries. It is therefore a 'common' principle, and was, as such, also integrated in the legal system of the European ...
Title:Challenging the EU Counter-terrorism Measures through the Courts
Author(s):CREMONA, Marise; FRANCIONI, Francesco; POLI, SaraDate:2009Type of Publication:Working PaperSeries/Report no.:EUI AELAbstract:This collection of papers examines the implications of the European Court of Justice’s approach to UN-related counter-terrorism measures against individuals (so-called ‘smart sanctions’), as expressed by its ruling in Case ...
Title:Enhanced Cooperation and the Common Foreign and Security and Defence Policies of the EU
Author(s):CREMONA, MariseDate:2009Type of Publication:Working PaperSeries/Report no.:EUI LAWAbstract:The aim of this paper is the study of the enhanced cooperation mechanism in the framework of the Lisbon Treaty as it applies to the Common Foreign and Security Policy (CFSP) and the Common Security and Defence Policy (CSDP) ...
Title:Good Administration in EU Law and the European Code of Good Administrative Behaviour
Author(s):MENDES, JoanaDate:2009Type of Publication:Working PaperSeries/Report no.:EUI LAWAbstract:The Code of Good Administrative Behaviour has passed fairly unnoticed in academic research on the principle of good administration. However, it is an important source to understand the meaning of this principle and concept ...
Title:Minority participation in public life: the case of Greece
Author(s):KYRIAKOU, NikolasDate:2009Type of Publication:ArticleAbstract:This article examines Greece's stance towards minorities in the light of the recent UN Report of the Independent Expert on Minority Issues regarding her mission to Greece. The epicentre of the paper is the jurisprudence ...
Title:Le fondement normatif du principe de proportionnalité en théorie constitutionnelle
Author(s):TREMBLAY, Luc B.Date:2009Type of Publication:Working PaperSeries/Report no.:EUI LAWAbstract: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 ...
Title:Ofcom’s Proposal to Regulate Access to Premium Television Content: Some Thoughts
Author(s):IBÁÑEZ COLOMO, PabloDate:2009Type of Publication:Working PaperSeries/Report no.:EUI LAWAbstract:In September 2008, Ofcom submitted a consultation document dealing with the regulation of access to premium television content in the UK. Ofcom’s proposal reflects some tensions in the electronic communications sector which ...
Title:The Illicit Traffic of Cultural Objects in the Mediterranean
Author(s):VRDOLJAK, Ana Filipa; FRANCIONI, FrancescoDate:2009Type of Publication:Working PaperSeries/Report no.:EUI AELAbstract: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 ...
Title:Denizenship and the Deterritorialization in the EU
Author(s):WALKER, NeilDate:2008Type of Publication:Working PaperSeries/Report no.:EUI LAWAbstract:The category of the denizen is becoming increasingly important in the identity politics of the EU. EU law and policy over a number of years has encouraged the development of a new hybrid status of the permanent resident ...
Title:Solange, chapter 3': constitutional courts in Central Europe - democracy - European Union
Author(s):SADURSKI, WojciechDate:2008Type of Publication:ArticleAbstract: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 ...
Title:Energy security and the division of competences between the European community and its member states
Author(s):HAGHIGHI, Sanam SalemDate:2008Type of Publication:ArticleAbstract:Securing energy supply for Europe has been for decades at the forefront of the energy policies of individual European Community member countries. However, dealing with energy issues in general and securing energy supply ...
Title:Legal Basis and Scope of the New EU-Ukraine Enhanced Agreement. Is there any room for further speculation?
Author(s):PETROV, RomanDate:2008Type of Publication:Working PaperSeries/Report no.:EUI MWPAbstract:The paper conducts a critical analysis of the potential legal basis and scope of the future European Union (EU)-Ukraine enhanced agreement. Accepting that the most probable and most beneficial possibility for Ukraine is ...
Title:The Concept of State Aid in Liberalised Sectors
Author(s):VON DANWITZ, ThomasDate:2008Type of Publication:Working PaperSeries/Report no.:EUI LAWAbstract:The author highlights the balancing act both on the regulatory as well as on the
institutional level between state aid control and the liberalization of public services. He
focuses on partially liberalized markets and ...
Title:The functional overlap of enforcement and implementation tools
Author(s):ANDERSEN, StineDate:2007Type of Publication:ArticleAbstract:This article argues that notwithstanding the doctrinal distinction between enforcement and implementing measures, there are effective points of functional overlap between enforcement powers and certain types of implementing ...
Title:On ‘Middle Ground’. The European Community and Public International Law
Author(s):SCHUTZE, RobertDate:2007Type of Publication:Working PaperSeries/Report no.:EUI LAWAbstract:Does the Community legal order constitute a closed ‘self-contained regime’ or will it be an ‘open system’? While founded on the basis of an international treaty, the European Community still had to determine – not unlike ...
Title:The External Dimension of the Acquis Communautaire
Author(s):PETROV, RomanDate:2007Type of Publication:Working PaperSeries/Report no.:EUI MWPAbstract:The aim of this article is to study the concept of the acquis communautaire in the domain of EU external relations. It is argued that the acquis communautaire varies according to the specific aims of its internal and ...
Title:The Extra-Territorialisation of EU Migration Policies and the Rule of Law
Author(s):RIJPMA, Jorrit J.; CREMONA, MariseDate:2007Type of Publication:Working PaperSeries/Report no.:EUI LAWAbstract: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 ...