Browsing LAW Working Papers by Title

Title: The Promise of European Integration. Improving the Quality of Democracy in the European Neighborhood Author(s): MAZMANYAN, Armen Date: 2009 Type of Publication: Working Paper Series/Report no.: EUI LAW Abstract: The recent research on EU’s role in democratization in the post-communist world has been primarily concerned with its new member states of Central and Eastern Europe, as well as the prospective member states. A great ...

Title: Promoting Rights in the Shadow of the Judiciary: Towards a Fact-Sensitive Theory of Judicial Review Author(s): SADURSKI, Wojciech Date: 2001 Type of Publication: Working Paper Series/Report no.: EUI LAW

Title: Property in the Human Body and Its Parts. Reflections on Self-Determination in Liberal Society Author(s): GEORGE, Alexandra Date: 2001 Type of Publication: Working Paper Series/Report no.: EUI LAW

Title: The Proposal on Consumer Rights and the Opportunity for a Reform of European Unfair Terms Legislation in Consumer Contracts Author(s): MICKLITZ, Hans-Wolfgang Date: 2010 Type of Publication: Working Paper Series/Report no.: EUI LAW Abstract: Unfair contract terms legislation is more than forty years old. Member States started regulating unfair contract terms from the 1970s onwards with a growing intensity. In 1993 the European Community adopted, after a ...

Title: Prospects for EU-Russia Relations Author(s): CAMERON, Fraser; MATTA, Aaron Date: 2008 Type of Publication: Working Paper Series/Report no.: Electronic Publications of Pan-European Institute

Title: Providers’ Liabilities in the New EU Data Protection Regulation: A threat to internet freedoms? Author(s): SARTOR, Giovanni Date: 2012 Type of Publication: Working Paper Series/Report no.: EUI LAW Abstract: In this paper I shall consider certain aspects of the Proposal for a Data Protection Regulation recently advanced by the EU Commission, which is meant to substitute the existing Data Protection Directive as well as the ...

Title: Quantity or Quality? Re-Assessing the Role of Supreme Jurisdictions in Central Europe Author(s): BOBEK, Michal Date: 2007 Type of Publication: Working Paper Series/Report no.: EUI LAW Abstract: Over the last decades, the ever growing caseload in supreme and constitutional jurisdictions all around Europe has forced some of them to reassess the role and functions they should be fulfilling. This article offers, ...

Title: Race Judicata. Rien ne va plus for Race and Ethnicity in France and Europe? Author(s): MOSCHEL, Mathias Date: 2008 Type of Publication: Working Paper Series/Report no.: EUI LAW Abstract: The French Constitutional Council recently declared that “racial and ethnic origins” are not objective legislative criteria and conflict with Article 1 of the French Constitution. Both earlier case law as well as the ...

Title: Rationale behind the Establishment of the Energy Community Author(s): KAROVA, Rozeta Date: 2010 Type of Publication: Working Paper Series/Report no.: EUI LAW Abstract: This paper deals with the Energy Community established between the countries from SEE and the European Union. It serves as an example of the extension of the energy acquis to the countries from SEE, before the later become ...

Title: Rationality within REACH? On Functional Differentiation as the Structural Foundation of Legitimacy in European Chemicals Regulation Author(s): KJAER, Poul Date: 2007 Type of Publication: Working Paper Series/Report no.: EUI LAW Abstract: This paper analyses the potential legitimacy basis of REACH, the new regulatory system for the EC chemicals market. It is argued that three different potential sources of legitmacy exists: i) the “quasi-democratic” process ...

Title: Rationalization Processes in Contract Law and the Law of Product Safety: Observations on the Impact of European Integration on Private Law/Rationalisierungsprozesse im Vertragsrecht und im Recht der Produktsicherheit: Beobachtungen zu den Folgen der Euro Author(s): JOERGES, Christian Date: 1994 Type of Publication: Working Paper Series/Report no.: EUI LAW

Title: Re-appraising Subsidiarity’s Significance after Amsterdam Author(s): DE BURCA, Grainne Date: 1999 Type of Publication: Working Paper Series/Report no.: Harvard Jean Monnet

Title: Realism, Utopia and the Future of International Environmental Law Author(s): FRANCIONI, Francesco Date: 2012 Type of Publication: Working Paper Series/Report no.: EUI LAW Abstract: In spite of its impressive development at the level of treaty law and soft law, international environmental law remains a weak and under-developed body of law. This is due especially to the persistent institutional “deficit” ...

Title: “Reasonableness” and Value Pluralism in Law and Politics Author(s): SADURSKI, Wojciech Date: 2008 Type of Publication: Working Paper Series/Report no.: EUI LAW Abstract: In law, the category of reasonableness, when used in a “strong sense”, is inherently lied up with proportionality, and also with the test of necessity, and thus is a guarantee of a minimal restriction of constitutional ...

Title: Reasons for Justice, Rights and Future Generations Author(s): PALOMBELLA, Gianluigi Date: 2007 Type of Publication: Working Paper Series/Report no.: EUI LAW Abstract: This article focuses on some very “fundamental threats” to future generations’ leaving, and considers whether most essential interests of future persons not to be harmed can be construed as rights, and in particular as ...

Title: La recherche de nouvelles méthodes de régulation sociale: quelles fonctions, quelle complémentarités? Author(s): MOREAU, Marie-Ange Date: 2005 Type of Publication: Working Paper Series/Report no.: EUI LAW

Title: Das Recht im Prozeß der europäischen Integration, Ein Plädoyer für die Beachtung des Rechts durch die Politikwissenschaft Author(s): JOERGES, Christian Date: 1995 Type of Publication: Working Paper Series/Report no.: EUI LAW

Title: Das Recht im Prozeß des Konstitutionalisieung Europas Author(s): JOERGES, Christian Date: 2001 Type of Publication: Working Paper Series/Report no.: EUI LAW

Title: Reconceiving Law and New Governance Author(s): WALKER, Neil; DE BURCA, Grainne Date: 2007 Type of Publication: Working Paper Series/Report no.: EUI LAW Abstract: This essay re-examines the concepts of Law and New Governance with a view to pursuing three cumulative objectives. First, it emphasizes that both law and new governance are deeply contested concepts whose meaning and ...

Title: Rediscovering the Spirit of Competition: On the Normative Value of the Competitive Process Author(s): ANDRIYCHUK, Oles Date: 2011-01-01 Type of Publication: Working Paper Series/Report no.: EUI LAW Abstract: The normative argument of this paper is that competition should constitute a fundamental value of liberal democracy. The antitrust law thereby should primarily address the deontological issues of protection and promotion ...

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