Working Papers of the Law Department of the EUI
ISSN: 1725-6739
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| Issue Date | View | Title | Author(s) | Type of Publication | Series/Report no. | Abstract |
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2012
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Working Paper
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EUI LAW; 2012/12
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View Abstract
The paper examines the capacities for research on Central, Eastern and South Eastern Europe (CEE/SEE) at the EUI. It consists of two layers of inquiry. The first part presents the subject-field analysis of research related to the CEE/SEE that is currently undertaken at the EUI; the second part investigates the geographical coverage of the region at the EUI both in terms of researchers’ origin and geographical focus of their research. The paper concludes by offering recommendations on how to enhance the research on CEE/SEE using the existing potentials.
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2009
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Working Paper
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Astrid Rassegna; 2009/97
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View Abstract
The article analyzes the innovative and conservative features of the French constitutional reform of 2008.
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2008
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Working Paper
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Forum di Quaderni Costituzionali; 2008
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View Abstract
The commentary analyzes the balance of powers in the French constitutional system emerging from the constitutional reform of 2008.
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2012
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Working Paper
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EUI MWP; 2012/05
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View Abstract
This paper aims to analyse the European system of Air Traffic Management (ATM) as a specific case study of risk regulation in the framework of the European integration process. At the present, the implementation of the Single European Sky is a growing area of EU policy, which shows the potential and the difficulties of coordinating national competences in a supranational regulatory framework. This search for coordination has a direct impact on air traffic safety itself and it involves the development of risk mitigation policies at both the EU level and at the level of individual Member States. The existing trade off between risk and safety as conveyed by technology affects both the instruments and the content of risk management. Since the failure of safety measures when providing air services could result in disaster, regulation needs to address this issue. Two main questions assist in the implementation of the regulatory framework: what level of protection is appropriate against such uncertainty and the risks of possible catastrophic impact, and who bears the risk in case the delivered safety system fails. Precautionary safety standards on the one hand and liability remedies on the other are therefore addressed as the key issues for the regulation and distribution of risks. By focusing on these issues, the fragmentation of the current legal framework in ATM illustrates the current legal difficulties in the integration of the European skies.
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2012
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Working Paper
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EUI MWP; 2012/04
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View Abstract
In 2009, the international media reported the case of Eluana Englaro, a 38-year-old woman in a Permanent Vegetative State (PVS) who died following the withdrawal of her feeding tube. By the time of her death, she had been unconscious for 17 years. For many years, her father had been seeking permission to allow her to die. His request was rejected by the courts several times and on different grounds, until the Italian Supreme Court finally granted him his wish. The case caused considerable political turmoil. The Government, the President, the Constitutional Court and the European Court of Human Rights all became involved. This paper gives an account of the history of the case, enriched by personal comments from the people directly involved and a memoir by Eluana’s father.
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