Browsing LAW Working Papers by Title

Now showing items 326-345 of 602

Title:Legal Concepts: An Inferential Approach Author(s):SARTOR, GiovanniDate:2008Type:Working PaperSeries/Number:EUI LAW; 2008/03Abstract: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, GiuseppeDate:2011Type:Working PaperSeries/Number:EUI LAW; 2011/03Abstract: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, FrancescoDate:2008Type:Working PaperSeries/Number:EUI MWP; 2008/32Abstract: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:Working PaperSeries/Number:Tilburg Institute of Comparative & Transnational Law; 2009/05Abstract: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:Working PaperSeries/Number:EUI MWP; 2010/11Abstract: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:Legal manifestations of the emergency in national Euro crisis law Author(s):COUTTS, Stephen; DÍEZ SÁNCHEZ, Leticia; MARKETOU, Afroditi; PIERDOMINICI, LeonardoDate:2015Type:Working PaperSeries/Number:EUI LAW; 2015/14Abstract:Most constitutions foresee a ‘state of emergency’ associated with the existence of an armed conflict. Paradoxically, modern societies seem to be permanently confronted with genuine emergencies increasingly removed from the ...
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:Working PaperSeries/Number:EUI LAW; 2010/18Abstract: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, NeilDate:2005Type:Working PaperSeries/Number:EUI LAW; 2005/16
Title:Legal Validity: An Inferential Analysis Author(s):SARTOR, GiovanniDate:2007Type:Working PaperSeries/Number:EUI LAW; 2007/24Abstract: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:Legal writing(s) on the Eurozone crisis Author(s):BEUKERS, ThomasDate:2015Type:Working PaperSeries/Number:EUI LAW; 2015/11Abstract:This paper analyses the literature produced by legal scholarship on the eurozone crisis. It addresses questions about the main substantive issues discussed, the methodological approaches taken, the level and nature of ...
Title:Legality Policies and Theories of Legality: From “Bananas” to Radbruch’s Formula Author(s):SARTOR, GiovanniDate:2008Type:Working PaperSeries/Number:EUI LAW; 2008/27Abstract: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, JoachimDate:1990Type:Working PaperSeries/Number: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, ChristianDate:2003Type:Working PaperSeries/Number:EUI LAW; 2003/12
Title:Legitimising European Governance: Taking Subsidiarity Seriously within the Open Method of Coordination Author(s):SYRPIS, PhilDate:2002Type:Working PaperSeries/Number:EUI LAW; 2002/10
Title:Les émanations engagent-elles la responsabilité des Etats? Etude de droit international des investissements Author(s):DUPUY, Pierre-MarieDate:2006Type:Working PaperSeries/Number:EUI LAW; 2006/07
Title:Les restructurations dans l’Union européenne: récentes évolutions (2005-2006) Author(s):MOREAU, Marie-AngeDate:2008Type:Working PaperSeries/Number:EUI LAW; 2008/07Abstract: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:The limits of transnational scholarship on EU law : a view from Germany Author(s):THYM, DanielDate:2016Type:Working PaperSeries/Number:EUI LAW; 2016/14Abstract:Scholarship on EU law is well established but arguably lacks sensitivity to the methodological characteristics of transnational discourse. The defining features of the supranational legal order are more fluid than those ...
Title:Linguaggio giuridico e realtà sociale. Note sulla critica realistica del concetto di diritto soggettivo Author(s):LA TORRE, MassimoDate:1992Type:Working PaperSeries/Number:EUI LAW; 1992/22
Title:Lisbon Treaty and the Possibility of a European Network Demoi-cracy Author(s):PASKALEV, VescoDate:2009Type:Working PaperSeries/Number:EUI LAW; 2009/20Abstract: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:Working PaperSeries/Number:EUI LAW; 2007/17Abstract: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 ...