Browsing LAW Working Papers by Title

Title: Affirming and Refining European Constitutionalism: Towards the Establishment of the First Constitution for the European Union Author(s): BRAND, Michiel Date: 2004 Type of Publication: Working Paper Series/Report no.: EUI LAW

Title: After finalité? The Future of the European Constitutional Idea Author(s): WALKER, Neil Date: 2007 Type of Publication: Working Paper Series/Report no.: EUI LAW Abstract: This paper sets out to examine the prospects for EU constitutionalism in the light of the protracted and perhaps insuperable difficulties surrounding the ratification of the 2004 Constitutional Treaty. It argues that these ...

Title: Air Traffic Management in the Single European Sky: Standardisation of safety and liability issues Author(s): SIMONCINI, Marta Date: 2012 Type of Publication: Working Paper Series/Report no.: EUI MWP Abstract: This paper aims to analyse the European system of Air Traffic Management (ATM) as a specific case study of risk regulation in the framework of the European integration process. At the present, the implementation of the ...

Title: Ambient Intelligence and the Right to Privacy: The challenge of detection technologies Author(s): MONTELEONE, Shara Date: 2011-01-01 Type of Publication: Working Paper Series/Report no.: EUI LAW Abstract: Unprecedented advances in Information Communication Technologies (ICT) and their involvement in most of private and public activities are revolutionizing our daily life and the way we relate to our environment. If, on ...

Title: Another Legal Monster? An EUI debate on the fiscal compact treaty Author(s): AZOULAI, Loic; POIARES PESSOA MADURO, Luis Miguel; DE WITTE, Bruno; CREMONA, Marise; HYVÄRINEN, Anna; KOCHAROV, Anna; ABDALLAT, Anwar; KOCHAROV, Anna Date: 2012 Type of Publication: Working Paper Series/Report no.: EUI LAW Abstract: On 1 February 2012, member states of the European Union minus the United Kingdom and the Czech Republic agreed on the text of the Treaty on Stability, Coordination and Governance in the Economic and Monetary Union (the ...

Title: Anti-Unfair Competition Law and Anti-Trust Law: A Continental Conundrum? Author(s): ULLRICH, Hanns Date: 2005 Type of Publication: Working Paper Series/Report no.: EUI LAW

Title: The Application of United States and European Community Domestic Trade Laws to the Imports of Nonmarket Economy GATT Contracting Parties, A Time for Change Author(s): ROSSA PHELAN, Diarmuid Date: 1992 Type of Publication: Working Paper Series/Report no.: EUI LAW

Title: Applying Precaution in Community Authorisation of Genetically Modified Products. Challenges and Suggestions for Reform Author(s): WEIMER, Maria Date: 2009 Type of Publication: Working Paper Series/Report no.: RECON Online Working Paper Abstract: In this paper, Maria Weimer endeavour to examine concrete challenges, which arise with regard to implementation of the precautionary principle in the field of European Community regulation of GMOs. Developed by the European ...

Title: Arbitrariness of Social and Natural Differences: Luck, Lottery, and Equality Author(s): SADURSKI, Wojciech Date: 2007 Type of Publication: Working Paper Series/Report no.: EUI LAW Abstract: It is sometimes argued that social and natural inequalities which are both arbitrary from a moral point of view should nevertheless have a different moral status in a theory of justice: while inequalities of a social ...

Title: The Architecture of Transnational Private Regulation Author(s): CAFAGGI, Fabrizio Date: 2011-01-01 Type of Publication: Working Paper Series/Report no.: EUI LAW Abstract: Conflicting interests among private actors constitute an important factor to explain why and how transnational private regulation has grown and the proliferation of standards and standard setting organizations that has ...

Title: Areas of Application of the Charter of Fundamental Rights of the European Union: Fields of conflict? Author(s): SAFJAN, Marek Date: 2012 Type of Publication: Working Paper Series/Report no.: EUI LAW Abstract: Although the Charter of Fundamental Rights of the European Union has already became a fully binding act of primary EU law, the controversies concerning the area of Charter's application do not seem to cease. Nevertheless, ...

Title: Au-delà des traités: l’émergence d’un nouveau droit coutumier pour la protection du patrimoine culturel. Author(s): FRANCIONI, Francesco Date: 2008 Type of Publication: Working Paper Series/Report no.: EUI LAW Abstract: The rapid development of international law for the protection of cultural heritage in the past half century has occurred mainly at the level of treaties and to a certain extent of soft law. But what is the status of ...

Title: Authority, Arbitration and the Claims of the Law Author(s): VINX, Lars Date: 2007 Type of Publication: Working Paper Series/Report no.: EUI MWP Abstract: This paper argues that Raz’s ‘normal justification thesis’ fails to explain how the law can meaningfully claim arbitrative authority. Given that the law’s claim to authority is usually understood to amount to (or at least ...

Title: L'autorité administrative dans l'Union européenne Author(s): ZILLER, Jacques Date: 2004 Type of Publication: Working Paper Series/Report no.: EUI LAW

Title: Beyond market access? : the anatomy of ASEAN’s preferential trade agreements Author(s): KLEIMANN, David Date: 2013 Type of Publication: Working Paper Series/Report no.: EUI LAW Abstract: This study seeks to enhance the understanding of ASEAN’s external preferential trade agreements (PTA) in context of the recent growth of economic regionalism in East Asia. First, the paper compares the content of ASEAN’s ...

Title: Bilateral and Regional Trade Agreements as a Challenge to the Multilateral Trading System Author(s): HERRMANN, Christoph W. Date: 2008 Type of Publication: Working Paper Series/Report no.: EUI LAW Abstract: Whether bilateral or regional trade agreements are rather friends or rivals of the multilateral trading system is an evergreen question of international economic law. Recent times clearly show an ever faster increase of ...

Title: The Binding Force of Babel. The Enforcement of EC Law Unpublished in the Languages of the New Member States Author(s): BOBEK, Michal Date: 2007 Type of Publication: Working Paper Series/Report no.: EUI LAW Abstract: This paper explores some of the issues raised by the absence of due publication of EC secondary legislation in the languages of the new Member States after the 2004 Accession. It first lays down general principles regarding ...

Title: The Bologna Process From a European Law Perspective Author(s): GARBEN, Sacha Margaretha Maria Date: 2008 Type of Publication: Working Paper Series/Report no.: EUI LAW Abstract: The Bologna Process, an intergovernmental process of voluntary policy convergence towards a common higher education structure, poses several concerns from a European law perspective. The Bologna Process takes place outside ...

Title: The Bouchard-Taylor Report on Cultural and Religious Accommodation: Multiculturalism by Any Other Name? Author(s): TREMBLAY, Luc B. Date: 2009 Type of Publication: Working Paper Series/Report no.: EUI LAW Abstract: In 2008, Gerard Bouchard and Charles Taylor released an important report as Co-Chairs of the Consultation Commission on Accommodation Practices Related to Cultural Differences. The Commission was set up by the Quebec ...

Title: Brain imaging as a diagnostic and as a communicative tool in disorders of consciousness Author(s): BAGGIO, Giosuè; MORATTI, Sofia Date: 2013 Type of Publication: Working Paper Series/Report no.: EUI MWP Abstract: Recently, a number of neuroimaging studies have been conducted, aimed at detecting signs of consciousness in patients with a diagnosis of vegetative or minimally conscious state. The contributions appeared during an ongoing ...

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