Title:Legal Europeanization as Legal Transformation: Some Insights from Swiss “Outer Europe”
Author(s):MAIANI, FrancescoDate:2008Type of Publication:Working PaperSeries/Report no.:EUI MWPAbstract: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, JenniferDate:2009Type of Publication:Working PaperSeries/Report no.:Tilburg Institute of Comparative & Transnational LawAbstract: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, GianluigiDate:2010Type of Publication:Working PaperSeries/Report no.:EUI MWPAbstract: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:2010Type of Publication:Working PaperSeries/Report no.:EUI LAWAbstract: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 Validity: An Inferential Analysis
Author(s):SARTOR, GiovanniDate:2007Type of Publication:Working PaperSeries/Report no.:EUI LAWAbstract: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, GiovanniDate:2008Type of Publication:Working PaperSeries/Report no.:EUI LAWAbstract: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:Les restructurations dans l’Union européenne: récentes évolutions (2005-2006)
Author(s):MOREAU, Marie-AngeDate:2008Type of Publication:Working PaperSeries/Report no.:EUI LAWAbstract: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:Lisbon Treaty and the Possibility of a European Network Demoi-cracy
Author(s):PASKALEV, VesselinDate:2009Type of Publication:Working PaperSeries/Report no.:EUI LAWAbstract:The paper discusses the Early Warning Mechanism (EWM) to be introduced by the Lisbon Treaty, the
incentives of the national parliaments to use it and the limited opportunity it opens for bringing Europe
closer to its ...
Title:Locating the Public Interest in Transnational Policing
Author(s):LOADER, Ian; WALKER, NeilDate:2007Type of Publication:Working PaperSeries/Report no.:EUI LAWAbstract:This paper examines the basis on which we might argue that there is a 'transnational'
public interest in transnational policing. Is policing beyond the state simply a matter of
finding points of overlap between the ...
Title:L’accesso al codice sorgente: Alcune considerazioni su libertà, conoscenza e concorrenza in margine al caso Microsoft
Author(s):SARTOR, Giovanni; SCORZA, GuidoDate:2006Type of Publication:Working PaperSeries/Report no.:EUI LAWAbstract:Access to software is considered, with regard to the discipline provided by Art. 64 quater of
the Italian Copyright law (which provides for a limited permission to decompile software). It is
argued that in the proceedings ...
Title:Majority Rule, Legitimacy and Political Equality
Author(s):SADURSKI, WojciechDate:2005Type of Publication:Working PaperSeries/Report no.:EUI LAWAbstract:This paper claims that the intuitive and widespread legitimating power of majority rule (MR)
arises from the link between majority rule and the principle of equality of political
opportunity. The egalitarian character ...