Browsing LAW Working Papers by Title

Now showing items 419-438 of 602

Title:The poor have no money – so just give it to them! In favour of inclusive aid and unconditional cash transfers Author(s):LEPENIES, Robert; LAUER, LorenzDate:2015Type:Working PaperSeries/Number:EUI MWP; 2015/02Abstract:Aid in 2015 is trapped in its own logic of paternalism, bureaucracy, over-reporting, top-down decision making and lack of accountability, thereby further excluding and disenfranchising the poor. We argue in this essay that ...
Title:Portrait of the EU as a Rational Man: Collective reason and democratic deficit Author(s):PASKALEV, VescoDate:2012Type:Working PaperSeries/Number:EUI LAW; 2012/19Abstract:In the present paper I take a critical view on the well-known discursive dilemma which captures the difference between governance by collective reasoning or governance responsive to majoritarian will. Then I suggest the ...
Title:Post-Modern Constitutional Theory, A Prospect for the Self-Organizing Society Author(s):LADEUR, Karl-HeinzDate:1995Type:Working PaperSeries/Number:EUI LAW; 1995/06
Title:The Post-national Constellation of Industrial Relations Systems in the European Legal Order Author(s):COMANDÈ, DanielaDate:2012Type:Working PaperSeries/Number:EUI MWP; 2012/06Abstract:This paper develops a new interpretation of the norms of the Treaty of Lisbon to find the juridical basis for an autonomous system of European industrial relations. In particular, the study explores the question of whether ...
Title:Postcommunist Constitutional Courts in Search of Political Legitimacy Author(s):SADURSKI, WojciechDate:2001Type:Working PaperSeries/Number:EUI LAW; 2001/11
Title:Poteri e contropoteri nel nuovo assetto costituzionale della V Repubblica francese Author(s):FABBRINI, FedericoDate:2008Type:Working PaperSeries/Number:Forum di Quaderni Costituzionali; 2008Abstract:The commentary analyzes the balance of powers in the French constitutional system emerging from the constitutional reform of 2008.
Title:Presumptions and Burdens of Proof Author(s):PRAKKEN, Henry; SARTOR, GiovanniDate:2006Type:Working PaperSeries/Number:EUI LAW; 2006/36Abstract:This paper studies the logical modelling of presumptions and their effects on the burden of proof. Presumptions are modelled as default rules and their effect on the burden of proof is defined in terms of a distinction ...
Title:Pretending there is no union : non-derivative quasi-citizenship rights of third-country nationals in the EU Author(s):KOCHENOV, Dimitry; VAN DEN BRINK, MartijnDate:2015Type:Working PaperSeries/Number:EUI LAW; 2015/07Abstract:The enjoyment of some rights by third-country nationals in the EU is not dependent on the primary beneficiary of rights (be it a person or a company), thereby connecting the third-country nationals with the law of the Union ...
Title:Primus Inter Pares: The European Court and National Courts. The Follow-up by National Courts of Preliminary Rulings ex Art. 177 of the Treaty of Rome: A Report on the Situation in the Netherlands Editor(s):KORTE, Joest; KELLERMANN, Alfred E.; LEVELT-OVERMARS, W. M.; POSSEN, F. H. M.Date:1990Type:Working PaperSeries/Number:EUI LAW; 1990/06
Title:The Principle of Proportionality in the Viking and Laval Cases: An appropriate standard of judicial review? Author(s):HÖS, NikolettDate:2009Type:Working PaperSeries/Number:EUI LAW; 2009/06Abstract:The article analyses the application of the proportionality principle in the Viking and Laval judgments. It argues that one of the main reasons why the outcome of these two eminent cases became so controversial was because ...
Title:Privacy, Reputation, and Trust: Some Implications for Data Protection Author(s):SARTOR, GiovanniDate:2006Type:Working PaperSeries/Number:EUI LAW; 2006/04Abstract:The present contribution analyses the connection between privacy and trust, with regard to data protection. In particular, it shows how the need to facilitate trust-based relationships may justify some limitations of ...
Title:Private and Public Autonomy Revisited: Jürgen Habermas’ Concept of Co-Originality in Times of Globalisation and the Militant Security State Author(s):NICKEL, RainerDate:2006Type:Working PaperSeries/Number:EUI LAW; 2006/27Abstract:This paper examines the concept of constituent power and constitutional form in Jürgen Habermas’ legal philosophy. It argues that a concept of constituent power needs to be embedded in a constitutional theory that can ...
Title:Private Regulation and Industrial Organisation: The network approach Author(s):CAFAGGI, Fabrizio; IAMICELI, PaolaDate:2012Type:Working PaperSeries/Number:EUI LAW; 2012/21Abstract:The paper investigates the relation between private transnational regulation through standards and the formation of transnational networks. More particularly, focusing on standards compliance, the analysis is intended to ...
Title:Private Regulation in European Private Law Author(s):CAFAGGI, FabrizioDate:2009Type:Working PaperSeries/Number:EUI RSCAS; 2009/31; Private Regulation Series-01Abstract:European private regulation pre-existed European Community law and co-exists with it today, giving rise to different forms of complementarity with European legislation. While in the initial stage of jus commune, a stronger ...
Title:Private Regulation, Freedom of Expression and Journalism: Towards a European approach? Author(s):CAFAGGI, Fabrizio; CASAROSA, FedericaDate:2012Type:Working PaperSeries/Number:EUI LAW; 2012/20Abstract:The increasing role of electronic media in news and, more generally, in content production is changing the scope and boundaries of the journalism profession and the instruments deployed to regulate the activity. Historically, ...
Title:The Privatization of Military and Security Services and the Limits of Contract Law Author(s):CALDERAI, ValentinaDate:2010Type:Working PaperSeries/Number:EUI MWP;2010/31Abstract:A growing body of literature has focused in recent years on the potentialities for market mechanisms to improve the enforcement of international human rights law against the breaches committed by private military and ...
Title:Privileging (some forms of) interdisciplinarity and interpretation : methods in comparative law Author(s):ROY, SuryapratimDate:2014Type:Working PaperSeries/Number:EUI LAW; 2014/13Abstract:How should comparative law scholars engage with other disciplines? Which social sciences are relevant for the purpose of comparison? Such questions are important for the process of comparison, as disciplinary self-regulation ...
Title:Proceduralization and its Use in Post-Modern Legal Theory Author(s):LADEUR, Karl-HeinzDate:1996Type:Working PaperSeries/Number:EUI LAW; 1996/05
Title:The Process of Ratification of the Constitutional Treaty and the Crisis Options: A Legal Perspective Author(s):DE WITTE, BrunoDate:2004Type:Working PaperSeries/Number:EUI LAW; 2004/16
Title:Le processus des ratifications du traité établissant une Constitution pour l’Europe et la période de réflexion Author(s):ZILLER, JacquesDate:2006Type:Working PaperSeries/Number:EUI LAW; 2006/29Abstract:The paper examines the process of ratification of the Treaty establishing a Constitution for Europe in the member states of the European Union, from the date of its signature in Rome on 29 October 2004 to the European ...