Browsing LAW Working Papers by Title

Title: Parallels and Differences in the Attitudes towards Single-Firm Conduct: What are the Reasons? The History, Interpretation and Underlying Principles of Sec. 2 Sherman Act and Art. 82 EC Author(s): SCHWEITZER, Heike Date: 2007 Type of Publication: Working Paper Series/Report no.: EUI LAW Abstract: In the US and in the EU, the antitrust rules on single-firm conduct are currently under review. Antitrust authorities on both sides of the Atlantic are reconsidering the tests to be applied in order to distinguish between ...

Title: Participatory Governance and European Administrative Law: New Legal Benchmarks for the New European Public Order Author(s): NICKEL, Rainer Date: 2006 Type of Publication: Working Paper Series/Report no.: EUI LAW Abstract: European Governance is more than just a policy instrument without legal significance. Its regulatory sub-divisions, such as Comitology, the Lamfalussy procedure, and the growing number of European administrative agencies, ...

Title: Participatory Transnational Governance Author(s): NICKEL, Rainer Date: 2005 Type of Publication: Working Paper Series/Report no.: EUI LAW

Title: Partnering with Strasbourg: Constitutionalization of the European Court of Human Rights, the Accession of Central and East European States to the Council of Europe, and the Idea of Pilot Judgments Author(s): SADURSKI, Wojciech Date: 2008 Type of Publication: Working Paper Series/Report no.: EUI LAW Abstract: The accession of Central and East European States into the European Convention of Human Rights system was both a threat and a promise to the system. The threat resulted not only from the substantial increase of the number ...

Title: Patent Protection in Europe: Integrating Europe into the Community or the Community into Europe? Author(s): ULLRICH, Hanns Date: 2002 Type of Publication: Working Paper Series/Report no.: EUI LAW

Title: Peer-to-Peer Privacy Violations and ISP Liability: Data protection in the user-generated web Author(s): VIOLA DE AZEVEDO CUNHA, Mario; MARIN, Luisa; SARTOR, Giovanni Date: 2011 Type of Publication: Working Paper Series/Report no.: EUI LAW Abstract: Since the adoption of the e-Commerce Directive, web hosting has dramatically changed. Usergenerated content is usually uploaded into platforms that facilitate and support users in preparing content and making it available. ...

Title: Philosophical Foundations of Law and Neuroscience Author(s): PARDO, Michael S.; PATTERSON, Dennis Date: 2010 Type of Publication: Working Paper Series/Report no.: EUI LAW Abstract: According to a wide variety of scholars, scientists, and policymakers, neuroscience promises to transform law. Many neurolegalists—those championing the power of neuroscience for law—proceed from problematic premises ...

Title: Piercing the Legal Veil: Commercial Arbitration and Transnational Law Author(s): ZUMBANSEN, Peer Date: 2002 Type of Publication: Working Paper Series/Report no.: EUI LAW

Title: La place du droit matériel dans le projet de constitution : Pourquoi une troisième partie ? Author(s): ZILLER, Jacques Date: 2004 Type of Publication: Working Paper Series/Report no.: EUI LAW

Title: Politics and Constitutional Courts A Judge’s Personal Perspective Author(s): SAFJAN, Marek Date: 2008 Type of Publication: Working Paper Series/Report no.: EUI LAW Abstract: The paper deals with different forms of political impact on the constitutional justice. The main subject of presentation is the analysis of recent Polish experiences which can help to identify better the threats to the ...

Title: Portrait of the EU as a Rational Man: Collective reason and democratic deficit Author(s): PASKALEV, Vesco Date: 2012 Type of Publication: Working Paper Series/Report no.: EUI LAW Abstract: 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-Heinz Date: 1995 Type of Publication: Working Paper Series/Report no.: EUI LAW

Title: The Post-national Constellation of Industrial Relations Systems in the European Legal Order Author(s): COMANDÈ, Daniela Date: 2012 Type of Publication: Working Paper Series/Report no.: EUI MWP Abstract: 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, Wojciech Date: 2001 Type of Publication: Working Paper Series/Report no.: EUI LAW

Title: Poteri e contropoteri nel nuovo assetto costituzionale della V Repubblica francese Author(s): FABBRINI, Federico Date: 2008 Type of Publication: Working Paper Series/Report no.: Forum di Quaderni Costituzionali Abstract: 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, Giovanni Date: 2006 Type of Publication: Working Paper Series/Report no.: EUI LAW Abstract: 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: 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 Author(s): KORTE, Joest; KELLERMANN, Alfred E.; LEVELT-OVERMARS, W. M.; POSSEN, F. H. M. Date: 1990 Type of Publication: Working Paper Series/Report no.: EUI LAW

Title: The Principle of Proportionality in the Viking and Laval Cases: An appropriate standard of judicial review? Author(s): HÖS, Nikolett Date: 2009 Type of Publication: Working Paper Series/Report no.: EUI LAW Abstract: 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, Giovanni Date: 2006 Type of Publication: Working Paper Series/Report no.: EUI LAW Abstract: 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, Rainer Date: 2006 Type of Publication: Working Paper Series/Report no.: EUI LAW Abstract: 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 ...

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