Browsing LAW Working Papers by Title

Title: The Right of the Employee to Refuse to be Transferred. A comparative and theoretical analysis. Author(s): HARTZEN, A.-C.; HÖS, Nikolett; LECOMTE, Franck Alexandre; MARZO, Claire; MESTRE, Bruno; OLBRICH, H.; FULLER, S. Date: 2008 Type of Publication: Working Paper Series/Report no.: EUI LAW; 2008/20 Abstract: This paper aims at assessing the right of employees to refuse to have their contracts of employment transferred within the framework of the transfer of undertakings Directive. A transnational as well as a theoretical ...

Title: The Right to Vote for Non-citizens in the European Multilevel System of Fundamental Rights Protection: A case study in inconsistency? Author(s): FABBRINI, Federico Date: 2010 Type of Publication: Working Paper Series/Report no.: Eric Stein Working Paper; 2010/04 Abstract: The paper analyses the issue of voting rights for non-citizens in the European legal space. Its purpose is to outline the inconsistencies that characterize the European multilevel system of fundamental rights protection ...

Title: Rights and Moral Reasoning: An Unstated Assumption Author(s): SADURSKI, Wojciech Date: 2007 Type of Publication: Working Paper Series/Report no.: EUI LAW; 2007/38 Abstract: Both the defenders and critics of judicial review assume tacitly that there is a special moral capacity needed for a correct articulation of constitutional (explicit or implied) rights, and they only disagree about who ...

Title: Rights as Norms and as Ends Author(s): PALOMBELLA, Gianluigi Date: 2007 Type of Publication: Working Paper Series/Report no.: EUI LAW; 2007/03 Abstract: This article considers the narratives of law through the lens of the form-substance devide. Different legal theories have provided for opposite definitions of law, legal rules and individual rights, enhancing their ...

Title: Rights without Duties? Reflections on the State of Liability Law in the Multilevel Governance System of the Community: Is There a Need for a More Coherent Approach in European Private Law? Author(s): REICH, Norbert Date: 2009 Type of Publication: Working Paper Series/Report no.: EUI LAW; 2009/10 Abstract: The paper argues that some general Community standards for “horizontal liability” among private parties can be established already now. The basic requirement is a “sufficiently serious”, not necessarily negligent violation ...

Title: Risk and Strict Liability: The distinct examples of Germany, the US and Russia Author(s): BRÜGGEMEIER, Gert Date: 2012 Type of Publication: Working Paper Series/Report no.: EUI LAW; 2012/29 Abstract: Enlightenment, natural law and economic liberalism engendered the grand concept of modern private law. Nearly simultaneously the ongoing process of industrial revolution paved the path into another modernity. Its new ...

Title: The Role of Science in Risk Regulation under the SPS Agreement Author(s): GRUSZCZYNSKI, Lukasz Date: 2006 Type of Publication: Working Paper Series/Report no.: EUI LAW; 2006/03 Abstract: This paper attempts to present a comprehensive and coherent picture of the role performed by science under the SPS Agreement and SPS case law. It argues that the approach adopted by the Appellate Body is predominantly ...

Title: The role of the EU in promoting reform of the UN in the field of human rights and environmental protection Author(s): FRANCIONI, Francesco Date: 2005 Type of Publication: Working Paper Series/Report no.: Chaillot Paper; 2005/78

Title: The “Rougemarine Dilemma”: how much Trust does a State Deserve when it Subsidises Cultural Goods and Services? Author(s): GERMANN, Christophe Date: 2008 Type of Publication: Working Paper Series/Report no.: EUI MWP; 2008/22 Abstract: This paper focuses on the way welfare states distribute subsidies to cultural industries. It takes the example of the film industry and analyses jurisprudence which addresses socalled “selective state aid” schemes based ...

Title: The Rule of Prior Exhaustion of Local Remedies in the International Law Doctrine and its Application in the Specific Context of Human Rights Protection Author(s): D'ASCOLI, Silvia; SCHERR, Kathrin Date: 2007 Type of Publication: Working Paper Series/Report no.: EUI LAW; 2007/02 Abstract: This article analyses the so-called ‘rule of exhaustion of local remedies’ whereby a State must be given the opportunity to redress an alleged wrong within the framework of its own domestic legal system before its ...

Title: Rules, Institutions, Transformations. Considerations on the 'Evolution of Law' Paradigm Author(s): LA TORRE, Massimo Date: 1995 Type of Publication: Working Paper Series/Report no.: EUI LAW; 1995/07

Title: The Science of Private Law and the Nation State Author(s): JOERGES, Christian Date: 1998 Type of Publication: Working Paper Series/Report no.: EUI LAW; 1998/04

Title: Scrutinizing Discrimination: a Conceptual and Normative Analysis of Legal Equality Author(s): SADURSKI, Wojciech Date: 2005 Type of Publication: Working Paper Series/Report no.: EUI LAW; 2005/19

Title: Security Aspects in EU External Policies Author(s): DELGADO CASTELEIRO, Andrés; SPERNBAUER, Martina Date: 2009 Type of Publication: Working Paper Series/Report no.: EUI LAW; 2009/01 Abstract: This working paper explores issues of security integration in a number of external policies of the European Union (EU), and looks at both security policies per se and the security rationale contained in other policy contexts. ...

Title: Selected Issues in International Criminal Law. Working Group on International Criminal Law. Collected Reports 2003-2004 Author(s): BAKKER, Christine; GOPALA KRISHNAN, Elsa; VIERUCCI, Luisa Date: 2005 Type of Publication: Working Paper Series/Report no.: EUI LAW; 2005/02

Title: Self-regulation in European Contract Law Author(s): CAFAGGI, Fabrizio Date: 2006 Type of Publication: Working Paper Series/Report no.: EUI LAW; 2006/43 Abstract: This paper addresses self-regulation as a complementary means to harmonize and regulate European Contract Law. In the context of the paper SR is conceived as a complementary device to legislation and as a monitoring ...

Title: A Self-Sufficient European Private Law – A Viable Concept? Author(s): MICKLITZ, Hans-Wolfgang; SVETIEV, Yane Date: 2012 Type of Publication: Working Paper Series/Report no.: EUI LAW; 2012/31; European Regulatory Private Law Project (ERPL-01) Abstract: This working paper collects the contributions to the first external workshop within the ERPL project that took place on 4 and 5 May 2012 at the EUI. The workshop aimed to clarify the key parameters to be used for analysing ...

Title: Setting the Scene: How did Services get to Bolkestein and Why? Author(s): DE WITTE, Bruno Date: 2007 Type of Publication: Working Paper Series/Report no.: EUI LAW; 2007/20 Abstract: This paper traces the origins of the recently adopted general services directives of the European Union, and addresses the question why such an important piece of internal market legislation was adopted so recently, and ...

Title: Shaping the International Order as a Union Objective and the Dynamic Internationalisation of Constitutional Law Author(s): LARIK, Joris Date: 2011 Type of Publication: Working Paper Series/Report no.: CLEER Working Papers; 2011/05 Abstract: Shaping the international order according to the Union’s values is not just a political ambition, but is also enshrined in EU primary law in the form of the external objectives of the Union. These have been streamlined and ...

Title: Significato, azioni, giudizi di valore Author(s): LA TORRE, Massimo Date: 1996 Type of Publication: Working Paper Series/Report no.: EUI LAW; 1996/03

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