Title:Quantity or Quality? Re-Assessing the Role of Supreme Jurisdictions in Central Europe
Author(s):BOBEK, MichalDate:2007Type of Publication:Working PaperSeries/Report no.:EUI LAWAbstract:Over the last decades, the ever growing caseload in supreme and constitutional
jurisdictions all around Europe has forced some of them to reassess the role and
functions they should be fulfilling. This article offers, ...
Title:Race Judicata. Rien ne va plus for Race and Ethnicity in France and Europe?
Author(s):MOSCHEL, MathiasDate:2008Type of Publication:Working PaperSeries/Report no.:EUI LAWAbstract:The French Constitutional Council recently declared that “racial and ethnic origins” are not objective legislative criteria and conflict with Article 1 of the French Constitution. Both earlier case law as well as the ...
Title:Rationale behind the Establishment of the Energy Community
Author(s):KAROVA, RozetaDate:2010Type of Publication:Working PaperSeries/Report no.:EUI LAWAbstract:This paper deals with the Energy Community established between the countries from SEE and the European Union. It serves as an example of the extension of the energy acquis to the countries from SEE, before the later become ...
Title:Realism, Utopia and the Future of International Environmental Law
Author(s):FRANCIONI, FrancescoDate:2012Type of Publication:Working PaperSeries/Report no.:EUI LAWAbstract: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:“Reasonableness” and Value Pluralism in Law and Politics
Author(s):SADURSKI, WojciechDate:2008Type of Publication:Working PaperSeries/Report no.:EUI LAWAbstract: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 of Publication:Working PaperSeries/Report no.:EUI LAWAbstract: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:Reconceiving Law and New Governance
Author(s):WALKER, Neil; DE BURCA, GrainneDate:2007Type of Publication:Working PaperSeries/Report no.:EUI LAWAbstract: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:Rediscovering the Spirit of Competition: On the Normative Value of the Competitive Process
Author(s):ANDRIYCHUK, OlesDate:2011-01-01Type of Publication:Working PaperSeries/Report no.:EUI LAWAbstract: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:Reflections on the Impact of Communism on Italian International Law Scholarship: 1945-1989
Author(s):FRANCIONI, Francesco; LENZERINI, FedericoDate:2009Type of Publication:Working PaperSeries/Report no.:EUI LAWAbstract: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, ElaineDate:2010Type of Publication:Working PaperSeries/Report no.:EUI MWPAbstract: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:The Reframing of Law’s Imperial Frame: An Analysis of Jim Tully’s Theory of Post-Colonial Empire
Author(s):WALKER, NeilDate:2007Type of Publication:Working PaperSeries/Report no.:EUI LAWAbstract: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 ...