Browsing LAW Working Papers by Title

Title: Le droit international des droits de l’homme et la République Islamique d’Iran : respect des obligations internationales par un gouvernement islamique Author(s): VAN ENGELAND, Anicée Date: 2008 Type of Publication: Working Paper Series/Report no.: EUI MWP Abstract: The Islamic republic of Iran has often been denounced by international organizations for its lack of respect for international obligations, in particular human rights obligations. To justify its lack of compliance towards ...

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 ...

Title: Le rôle du Comité d’Entreprise Européen au cours des restructurations: les leçons du projet AgirE Author(s): MOREAU, Marie-Ange; PARIS, Jean-Jacques Date: 2008 Type of Publication: Working Paper Series/Report no.: EUI LAW Abstract: The European Work Council is a transnational actor which represents the workers in European firms. The paper identifies the difficulties and obstacles which limits the powers of EWC (legitimacy in question, content of ...

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, ...

Title: Legal Basis and Scope of the New EU-Ukraine Enhanced Agreement. Is there any room for further speculation? Author(s): PETROV, Roman Date: 2008 Type of Publication: Working Paper Series/Report no.: EUI MWP Abstract: 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: Legal Concepts: An Inferential Approach Author(s): SARTOR, Giovanni Date: 2008 Type of Publication: Working Paper Series/Report no.: EUI LAW Abstract: The inferential and eliminative analysis of legal concepts proposed by Alf Ross will be connected to the views of theoretical concepts in science advanced by Frank Ramsey and Rudolf Carnap. Consequently, the mere ...

Title: Legal Conflicts and Subnational Constitutionalism Author(s): DELLEDONNE, Giacomo; MARTINICO, Giuseppe Date: 2011-01-01 Type of Publication: Working Paper Series/Report no.: EUI LAW Abstract: This paper analyses the increasing use of the concept of subnational identity, understood as a peculiar (to some extent) category that is opposed to the State or federal identity. References to it are included in the ...

Title: Legal Europeanization as Legal Transformation: Some Insights from Swiss “Outer Europe” Author(s): MAIANI, Francesco Date: 2008 Type of Publication: Working Paper Series/Report no.: EUI MWP Abstract: The “Europeanization” of non-EU countries’ laws is predominantly seen as an “export” of the EU acquis, especially in the case of so-called “quasi-member” states such as Switzerland. Based on an examination of the Swiss ...

Title: Legal Integration in the EU: the unitas in diversitate Conundrum and the Importance of Considering Culture Author(s): HENDRY, Jennifer Date: 2009 Type of Publication: Working Paper Series/Report no.: Tilburg Institute of Comparative & Transnational Law Abstract: An obvious downside of any slogan or motto is that it is necessarily a simplified version of what it attempts to convey. Thus while they may provide a handy hook, the very 'catchiness' and accessibility of mottoes often ...

Title: Legal Issues in Medical Computer Software and Expert Systems in United States. Legislation and Practice Author(s): FIORIGLIO, Gianluigi Date: 2010 Type of Publication: Working Paper Series/Report no.: EUI MWP Abstract: Today, hospitals are heavily computerized, but this process is still far from its ultimate goals and suffers from many deficiencies. Good quality software, correctly used, can improve health care under many different ...

Title: A Legal Method for Solving Issues of Internet Regulation; Applied to the Regulation of Cross-Border Privacy Issues Author(s): SVANTESSON, Dan Jerker B. Date: 2010 Type of Publication: Working Paper Series/Report no.: EUI LAW Abstract: This article presents a legal method that can be used to find solutions to the challenges of regulating Internet technology. The method consists of ten steps and the reader is guided through the application of these steps. ...

Title: Legal Theory and the European Union Author(s): WALKER, Neil Date: 2005 Type of Publication: Working Paper Series/Report no.: EUI LAW

Title: Legal Validity: An Inferential Analysis Author(s): SARTOR, Giovanni Date: 2007 Type of Publication: Working Paper Series/Report no.: EUI LAW Abstract: I will argue that the concept of (valid) law is a normative notion, irreducible to any factual description. Its conceptual function is that of relating certain (alternative sets of) properties a norm may possess to ...

Title: Legality Policies and Theories of Legality: From “Bananas” to Radbruch’s Formula Author(s): SARTOR, Giovanni Date: 2008 Type of Publication: Working Paper Series/Report no.: EUI LAW Abstract: I shall argue that issue of legal validity or legality (I will use these two terms as synonymous) can be addressed by taking an inferential stand, namely, by considering under what preconditions (antecedents) the legality ...

Title: Legislativer Trilog im Institutionellen Dreieck der Europäischen Gemeinschaft. Das Verfahren der Zusammenarbeit nach Artikel 149 Absatz 2 EWGV. Author(s): WUERMELING, Joachim Date: 1990 Series/Report no.: EUI LAW 1990/04

Title: Legitimacy through Jurisprudence? The Impact of the European Court of Justice on the Legitimacy of the European Union Author(s): JETZLSPERGER, Christian Date: 2003 Type of Publication: Working Paper Series/Report no.: EUI LAW

Title: Legitimising European Governance: Taking Subsidiarity Seriously within the Open Method of Coordination Author(s): SYRPIS, Phil Date: 2002 Type of Publication: Working Paper Series/Report no.: EUI LAW

Title: Les émanations engagent-elles la responsabilité des Etats? Etude de droit international des investissements Author(s): DUPUY, Pierre-Marie Date: 2006 Type of Publication: Working Paper Series/Report no.: EUI LAW

Title: Les restructurations dans l’Union européenne: récentes évolutions (2005-2006) Author(s): MOREAU, Marie-Ange Date: 2008 Type of Publication: Working Paper Series/Report no.: EUI LAW Abstract: This paper presents an evaluation of the EU reactions facing corporate restructurings. It shows a real mobilisation to find new ways: organisation of a Task Force (EU Commission), Forum with pertinent actors with regional, ...

Title: Linguaggio giuridico e realtà sociale. Note sulla critica realistica del concetto di diritto soggettivo Author(s): LA TORRE, Massimo Date: 1992 Type of Publication: Working Paper Series/Report no.: EUI LAW

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