Browsing LAW Working Papers by Title

Title: The Expulsion of the Concept of Protection from the Consumer Law and the Return of Social Elements in the Civil Law: A bittersweet polemic Author(s): MICKLITZ, Hans-Wolfgang Date: 2012 Type of Publication: Working Paper Series/Report no.: EUI LAW Abstract: Consumer law started in the 1960s and 1970s as consumer protection law, meant to compensate for the risks and deficiencies of the consumption society which led to an enormous increase. The target of the first generation ...

Title: The External Dimension of the Acquis Communautaire Author(s): PETROV, Roman Date: 2007 Type of Publication: Working Paper Series/Report no.: EUI MWP Abstract: 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 External Effects of National ECHR Judgments Author(s): ANDENÆS, Mads Tønnesson; BJØRGE, Eirik Date: 2012 Type of Publication: Working Paper Series/Report no.: Jean Monnet Working Paper Abstract: In their jurisprudence on the rights flowing from the European Convention on Human Rights (ECHR), national courts in Europe define their relationship with the Convention system and its authoritative arbiter, the European ...

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 ...

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 ...

Title: Failure or Ideological Preconceptions – Thoughts on Two Grand Projects: The European Constitution and the European Civil Code Author(s): MICKLITZ, Hans-Wolfgang Date: 2010 Type of Publication: Working Paper Series/Report no.: EUI LAW Abstract: I am interested in the relationship between constitutional and private law. The two Grand Projects, the European Constitution and the European Civil Code, serve as a catalyst to develop my argument. I will first look at ...

Title: A Farewell to Constitutional Authorship? A Critique of the Presentist Turn in the Legitimacy of Constitutional Democracy Author(s): KUO, Ming-Sung Date: 2008 Type of Publication: Working Paper Series/Report no.: EUI MWP Abstract: “We the People” and the corresponding concept of constitutional authorship have gripped our imagination of the legitimacy of constitutional democracy since the American and French Revolutions. In contrast to this Big ...

Title: Following the Rules of the Game? A Competition Law Study of the Collective Sale of Sports Broadcasting Rights Author(s): EKLUND, Elisabeth Date: 1999 Type of Publication: Working Paper Series/Report no.: EUI LAW

Title: The Force and Forms of European Legal Integration Author(s): AZOULAI, Loic Date: 2011-01-01 Type of Publication: Working Paper Series/Report no.: EUI LAW Abstract: This paper addresses the problem of the integration of EU law into the national legal systems. By what title can EU law impose its norms on domestic legal orders, and so much so that the conditions in which the rule-making ...

Title: A Formal Prescriptive Approach to General Principles of (International) Law Author(s): QUIRICO, Ottavio Date: 2007 Type of Publication: Working Paper Series/Report no.: EUI LAW Abstract: From the analytical viewpoint a norm can formally be regarded as a right-duty (or claim-obligation) relation (1) that regulates behaviour (action/inaction) (2) among subjects (3) in definite space (4) and time (5). In ...

Title: Formalising Arguments about the Burden of Persuasion Author(s): PRAKKEN, Henry; SARTOR, Giovanni Date: 2007 Type of Publication: Working Paper Series/Report no.: EUI LAW Abstract: This paper presents an argument-based logic for reasoning about allocations of the burden of persuasion. The logic extends the system of Prakken (2001), which in turn modified the system of Prakken & Sartor (1996) with ...

Title: Four Visions of Constitutional Pluralism Author(s): AVBELJ, Matej; KOMÁREK, Jan Date: 2008 Type of Publication: Working Paper Series/Report no.: EUI LAW Abstract: What is constitutional pluralism? What does it stand for? What does it want to achieve, contribute, or change in the European integration? Is it a viable, desirable or perhaps even an indispensable theoretical take on ...

Title: Fragmentation du droit international ou des perceptions qu'on en a? Author(s): DUPUY, Pierre-Marie Date: 2006 Type of Publication: Working Paper Series/Report no.: EUI LAW

Title: Framework for Economic Development in EU External Relations Author(s): PODSTAWA, Karolina; PUCCIO, Laura; BOTTA, Marco; DE ANDRADE CORREA, Fabiano; CREMONA, Marise; DUBAVA, Ilze; FAKHOURY MUEHLBACHER, Tamirace; PODSTAWA, Karolina; PUCCIO, Laura; SILGA, Janine Date: 2012 Type of Publication: Working Paper Series/Report no.: EUI LAW Abstract: This Working Paper is a collection of contributions presented during the Workshop "Framework for Economic Development in EU External Relations on 22nd and 23rd January 2010. The contributions explore various facets of what ...

Title: Free Trade Agreements and WTO Law: A Perspective on the Trade in Services Author(s): WANG, Heng Date: 2011 Type of Publication: Working Paper Series/Report no.: EUI MWP Abstract: China’s free trade agreements in services are developing at a fast pace. This paper examines the major differences between these agreements and the General Agreement on Trade in Services (GATS) and their relationship with ...

Title: Free Trade with Hazardous Products? The Emergence of Transnational Governance with Eroding State Government Author(s): JOERGES, Christian Date: 2006 Type of Publication: Working Paper Series/Report no.: EUI LAW Abstract: The historical evolution of free trade has been accompanied by a plethora of debates, concerning both its positive effects and social costs. During the last decade, the subject of these disputes has markedly changed. The ...

Title: From Human Rights to Fundamental Rights. Consequences of a conceptual distinction. Author(s): PALOMBELLA, Gianluigi Date: 2006 Type of Publication: Working Paper Series/Report no.: EUI LAW Abstract: This article introduces a peculiar distinction between “human” rights and “fundamental” rights, explaining through diverse areas, the role that the difference can play. Rights are loaded with contrasting properties and ...

Title: From Pont d'Avignon to Ponte Vecchio. The Resolution of Constitutional Conflicts Between the European Union and the Member States Through Principles of Public International Law Author(s): SCHMID, Christoph U. Date: 1998 Type of Publication: Working Paper Series/Report no.: EUI LAW

Title: From Strasbourg to Amsterdam: Prospects for the Convergence of European Social Rights Policy Author(s): SCIARRA, Silvana Date: 1998 Type of Publication: Working Paper Series/Report no.: EUI LAW

Title: From the Nation State to the Market: The evolution of EU private law Author(s): MICKLITZ, Hans-Wolfgang; PATTERSON, Dennis Date: 2012 Type of Publication: Working Paper Series/Report no.: EUI LAW Abstract: The State exists to deliver security and welfare to citizens. One of the principal functions of the State is to enhance welfare through the production of legal regimes. Law contributes to welfare in many ways, one of which ...

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