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Browsing Working Papers by Subject "judicial review"
Now showing items 1-17 of 17
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Title: International Economic Law in the 21st Century: Need for stronger ‘democratic ownership’ and cosmopolitan reforms Author(s): PETERSMANN, Ernst-Ulrich Date: 2012 Type of Publication: Working Paper Series/Report no.: EUI LAW Abstract: This article, accepted for publication in the 2012 Polish Yearbook of International Law, argues that – in order to make international economic law (IEL) a more effective instrument for protecting human rights and other ... -
Title: Terrorist Listings and the Rule of Law: The Role of the EU Courts Author(s): ROSAS, Allan Date: 2011-06-18 Type of Publication: Working Paper Series/Report no.: EUI RSCAS Abstract: Although the terrorist attacks on New York and Washington, D.C., on 11 September 2001, were not the first acts of terrorism on a major scale, they triggered a host of counter-terrorism measures, without due regard for ...
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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 ...
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Title: The Promise of European Integration. Improving the Quality of Democracy in the European Neighborhood Author(s): MAZMANYAN, Armen Date: 2009 Type of Publication: Working Paper Series/Report no.: EUI LAW Abstract: The recent research on EU’s role in democratization in the post-communist world has been primarily concerned with its new member states of Central and Eastern Europe, as well as the prospective member states. A great ...
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Title: The Reasonable Adjustment of Basic Liberties. Liberalism and Judicial Balancing Author(s): VALENTINI, Chiara Date: 2009 Type of Publication: Working Paper Series/Report no.: EUI MWP Abstract: This paper focuses on the “balancing” model of constitutional adjudication, conceived as a decisionmaking approach aimed to establish a “reasonable” equilibrium among conflicting norms of constitutional rank, so as to ...
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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: 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 Concept of State Aid in Liberalised Sectors Author(s): VON DANWITZ, Thomas Date: 2008 Type of Publication: Working Paper Series/Report no.: EUI LAW Abstract: 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 ...
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Title: Partnering with Strasbourg: Constitutionalization of the European Court of Human Rights, the Accession of Central and East European States to the Council of Europe, and the Idea of Pilot Judgments Author(s): SADURSKI, Wojciech Date: 2008 Type of Publication: Working Paper Series/Report no.: EUI LAW Abstract: The accession of Central and East European States into the European Convention of Human Rights system was both a threat and a promise to the system. The threat resulted not only from the substantial increase of the number ...
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Title: “Reasonableness” and Value Pluralism in Law and Politics Author(s): SADURSKI, Wojciech Date: 2008 Type of Publication: Working Paper Series/Report no.: EUI LAW Abstract: In law, the category of reasonableness, when used in a “strong sense”, is inherently lied up with proportionality, and also with the test of necessity, and thus is a guarantee of a minimal restriction of constitutional ...
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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: The Application of the Fundamental Freedoms to Member State Tax Measures: Guarding against Protectionism or Second-guessing National Policy Choices? Author(s): BANKS, Karen Date: 2007 Type of Publication: Working Paper Series/Report no.: EUI RSCAS Abstract: The provisions of the EC Treaty which deal with Member State tax measures clearly seem to indicate that, in the absence of provisions of secondary law harmonizing such measures, Community law provides simply for a rule ...
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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: National, European and Community Patent Protection: Time for Reconsideration Author(s): ULLRICH, Hanns Date: 2006 Type of Publication: Working Paper Series/Report no.: EUI LAW Abstract: The completion of a Community system of unitary intellectual property protection has come to a halt when the Commission’s proposal for a Community Patent Regulation was shelved by the Council on political grounds in late ...
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Title: Europäische Implementierungsforschung im XXI. Jahrhundert La recherche sur la mise en oeuvre du droit de l’Union européenne au XXIème Siècle Author(s): ZILLER, Jacques Date: 2006 Type of Publication: Working Paper Series/Report no.: EUI LAW Abstract: The paper addresses the issue of implementation research in the XXIst Century. Research on the implementation of EU law and policies remains mainly centred upon the rather simplistic issue of the transposition of directives ...
Now showing items 1-17 of 17
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