Browsing LAW Working Papers by Title

Now showing items 560-579 of 751

Title:'Re-reading' Dassonville : meaning and understanding in the history of European law Author(s):SCHUTZE, Robert Date:2018Type:Working PaperSeries/Number:EUI LAW; 2018/09Abstract:There are few “mythical” judgments that every student of European integration has read or ought to have read. Dassonville is one of these judgments. The Court here makes one of its “most famous pronouncement[s] ever”; and ...
Title:Realism, utopia and the future of international environmental law Author(s):FRANCIONI, Francesco Date:2012Type:Working PaperSeries/Number:EUI LAW; 2012/11Abstract: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:The realist trend of the Court of Justice of the European Union Author(s):KUKOVEC, Damjan Date:2021Type:Working PaperSeries/Number:EUI LAW; 2021/11Abstract:This Article seeks to explain the rationale behind the recent jurisprudential turn of the Court of Justice of the European Union. It identifies an enhanced trend to legal realism and articulates its three main propositions ...
Title:“Reasonableness” and Value Pluralism in Law and Politics Author(s):SADURSKI, WojciechDate:2008Type:Working PaperSeries/Number:EUI LAW; 2008/13Abstract: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, GianluigiDate:2007Type:Working PaperSeries/Number:EUI LAW; 2007/07Abstract: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-AngeDate:2005Type:Working PaperSeries/Number:EUI LAW; 2005/08
Title:Das Recht im Prozeß der europäischen Integration, Ein Plädoyer für die Beachtung des Rechts durch die Politikwissenschaft Author(s):JOERGES, ChristianDate:1995Type:Working PaperSeries/Number:EUI LAW; 1995/01
Title:Das Recht im Prozeß des Konstitutionalisieung Europas Author(s):JOERGES, ChristianDate:2001Type:Working PaperSeries/Number:EUI LAW; 2001/06
Title:Reconceiving Law and New Governance Author(s):WALKER, Neil; DE BURCA, Grainne Date:2007Type:Working PaperSeries/Number:EUI LAW; 2007/10Abstract: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:Reconnecting European law to European societies Author(s):AZOULAI, Loic Date:2024Type:Working PaperSeries/Number:EUI; LAW; Working Paper; 2024/05Abstract:This is a collection of two pieces concerned with the question of the relationship between European law and social reality but within a specific context in which, on the one hand, it is assumed that EU law has produced a ...
Title:Redefining 'property' in the digital era : when online, do as the Romans did Author(s):PALKA, Przemyslaw Date:2016Type:Working PaperSeries/Number:EUI LAW; 2016/08Abstract:Through its conceptual framework, private law assumes a particular structure of the reality it aims to govern. With the digital revolution the structure of this reality has transformed. Law does not have terms and concepts ...
Title:Rediscovering the spirit of competition : on the normative value of the competitive process Author(s):ANDRIYCHUK, OlesDate:2011Type:Working PaperSeries/Number:EUI LAW; 2011/01Abstract: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 ...
Title:Reducing the European Union’s global deforestation footprint through trade regulation Author(s):MARIN DURAN, Gracia ; SCOTT, Joanne Date:2021Type:Working PaperSeries/Number:EUI LAW; 2021/14; Working PaperAbstract:The European Union (EU) is a major importer of forest risk commodities (FRCs) and thereby bears significant responsibility for the dangerous trend of global deforestation and forest degradation. This article analyses EU ...
Title:Reflections on the impact of communism on Italian international law scholarship : 1945-1989 Author(s):FRANCIONI, Francesco ; LENZERINI, FedericoDate:2009Type:Working PaperSeries/Number:EUI LAW; 2009/23Abstract:What has been the impact of Communism on the European scholarship of international law in the post-World War II period ? What are lingering differences today in the attitudes of scholars from West and East Europe twenty ...
Title:Reflections on the legal role of the Irish Parliament (Oireachtas) in EU affairs after Lisbon Author(s):FAHEY, Elaine Date:2010Type:Working PaperSeries/Number:EUI MWP; 2010/20Abstract:The process of the first failed referendum in 2008 on the Treaty and the extensive political campaign to ratify the Treaty of Lisbon a second time around brought with it a tremendous period of reflection not merely for ...
Title:Reflexivity and the uncovering of silence in international law Author(s):KORNIOTI, NadiaDate:2022Type:Working PaperSeries/Number:EUI LAW; 2022/08; Practising Reflexivity in International LawAbstract:New approaches, vocabularies and discussions that have been taking place in legal academia, have opened the way for innovation in the way we think and talk about international law. However, the choice of concrete research ...
Title:Reform des Verwaltungsrechts - Möglichkeiten und Grenzen eines wissenschaftlichen Diskurses in Deutschland Author(s):MOLLERS, ChristophDate:2001Type:Working PaperSeries/Number:EUI LAW; 2001/10
Title:The Reframing of Law’s Imperial Frame: An Analysis of Jim Tully’s Theory of Post-Colonial Empire Author(s):WALKER, NeilDate:2007Type:Working PaperSeries/Number:EUI LAW; 2007/15Abstract:This paper provides a constructive critique of Jim Tully's innovative body of work on the juridical nature of 'empire' in its contemporary post-colonial phase. Tully's work emphasizes the high degree of continuity between ...
Title:Reglas, instituciones, transformaciones. Consideraciones sobre el paradigma "Evolución del derecho" Author(s):LA TORRE, MassimoDate:1993Type:Working PaperSeries/Number:EUI LAW; 1993/01
Title:Regulate thy neighbour : competition and conflict in the cross-border regulatory space for OTC derivatives Author(s):MARJOSOLA, HeikkiDate:2016Type:Working PaperSeries/Number:EUI LAW; 2016/01; European Regulatory Private Law Project (ERPL-16)Abstract:The regulatory overhaul of the global OTC derivatives markets, originating from the G20, is transforming what used to be a relatively harmonised private and transnational legal regime into a public regulatory space fragmented ...