Browsing LAW Working Papers by Title

Now showing items 208-227 of 625

Title:Failure or Ideological Preconceptions – Thoughts on Two Grand Projects: The European Constitution and the European Civil Code Author(s):MICKLITZ, Hans-WolfgangDate:2010Type:Working PaperSeries/Number:EUI LAW; 2010/04Abstract: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-SungDate:2008Type:Working PaperSeries/Number:EUI MWP; 2008/28Abstract:“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:Flexibilisation of the Euro area : challenges and opportunities Author(s):BEUKERS, ThomasDate:2014Type:Working PaperSeries/Number:EUI MWP; 2014/01Abstract:This working paper explores the challenges and opportunities of a possible euro area flexibility clause. Such a clause, if introduced through a limited revision of the current EU Treaties, could be used to partially respond ...
Title:Following the Rules of the Game? A Competition Law Study of the Collective Sale of Sports Broadcasting Rights Author(s):EKLUND, ElisabethDate:1999Version:Published version of EUI LLM thesis, 1998Type:Working PaperSeries/Number:EUI LAW; 1999/01
Title:The Force and Forms of European Legal Integration Author(s):AZOULAI, LoicDate:2011-01-01Type:Working PaperSeries/Number:EUI LAW; 2011/06Abstract: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, OttavioDate:2007Type:Working PaperSeries/Number:EUI LAW; 2007/19Abstract: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, GiovanniDate:2007Type:Working PaperSeries/Number:EUI LAW; 2007/14Abstract: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 Editor(s):AVBELJ, Matej; KOMÁREK, JanDate:2008Type:Working PaperSeries/Number:EUI LAW; 2008/21Abstract: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-MarieDate:2006Type:Working PaperSeries/Number:EUI LAW; 2006/14
Title:Framework for Economic Development in EU External Relations Editor(s):PODSTAWA, Karolina; PUCCIO, Laura; BOTTA, Marco; DE ANDRADE CORRÊA, Fabiano; CREMONA, Marise; DUBAVA, Ilze; FAKHOURY MUEHLBACHER, Tamirace; PODSTAWA, Karolina; PUCCIO, Laura; SILGA, JanineDate:2012Type:Working PaperSeries/Number:EUI LAW; 2012/01Abstract: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 markets, state involvement, and the WTO : Chinese state owned enterprises (SOEs) in the ring Author(s):MAVROIDIS, Petros C.; JANOW, Merit E.Date:2017Type:Working PaperSeries/Number:EUI RSCAS; 2017/13; Global Governance Programme-256Abstract:The WTO has struggled with the treatment of nonmarket economies (NMEs). What was a nonissue in the original GATT (because of the homogeneity of participants) became quite an issue with the accession of formally centrally ...
Title:Free Trade Agreements and WTO Law: A Perspective on the Trade in Services Author(s):WANG, HengDate:2011Type:Working PaperSeries/Number:EUI MWP; 2011/05Abstract: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, ChristianDate:2006Type:Working PaperSeries/Number:EUI LAW; 2006/05Abstract: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:Freedom as a source of constraint : expanding market discipline through free movement Author(s):SAYDÉ, AlexandreDate:2015Type:Working PaperSeries/Number:EUI LAW; 2015/42Abstract:Free movement increases the degree of market discipline within every Member State by exposing domestic workers and businesses to competitive pressures coming from other Member States. However, the nature of this amplifying ...
Title:From Human Rights to Fundamental Rights. Consequences of a conceptual distinction. Author(s):PALOMBELLA, GianluigiDate:2006Type:Working PaperSeries/Number:EUI LAW; 2006/34Abstract: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:1998Type:Working PaperSeries/Number:EUI LAW; 1998/07
Title:From Strasbourg to Amsterdam: Prospects for the Convergence of European Social Rights Policy Author(s):SCIARRA, SilvanaDate:1998Type:Working PaperSeries/Number:EUI LAW; 1998/09
Title:From the Nation State to the Market: The evolution of EU private law Author(s):MICKLITZ, Hans-Wolfgang; PATTERSON, DennisDate:2012Type:Working PaperSeries/Number:EUI LAW; 2012/15; European Regulatory Private Law Project (ERPL-02)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 ...
Title:From voluntary party to legal electoral gender quotas in Slovenia : the importance and limitations of legal and institutional mechanisms Author(s):SELIŠNIK, Irena; ANTIC GABER, MilicaDate:2015Type:Working PaperSeries/Number:EUI LAW; 2015/31Abstract:When in Slovenia after the first multi-party election in National Assembly (NA) 1992 the share of women MPs dropped dramatically and did not changed a lot during the 1990s women activists and left-oriented female politicians ...
Title:From Where Can War be Thought? Author(s):PALOMBELLA, GianluigiDate:2007Type:Working PaperSeries/Number:EUI LAW; 2007/11Abstract:What is the importance of the perspective “from which” war is seen and studied? what consequences derive from its changing (e.g. thanks to legal rules and social institutions)?. The perspective question can be instantiated ...