Browsing LAW Working Papers by Subject "Legitimacy"

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Browsing LAW Working Papers by Subject "Legitimacy"

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    Title: The Force and Forms of European Legal Integration  Author(s): AZOULAI, Loic Date: 2011-01-01 Type of Publication: Working Paper Series/Report no.: EUI LAW Abstract: This paper addresses the problem of the integration of EU law into the national legal systems. By what title can EU law impose its norms on domestic legal orders, and so much so that the conditions in which the rule-making ...
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    Title: Observer - Policeman - Pilot: On lacunae of legitimacy and the contradictions of financial crisis management in the European Union  Author(s): BIEBER, Roland Date: 2011 Type of Publication: Working Paper Series/Report no.: EUI LAW Abstract: In matters of economic policy, the institutions of the European Union exercise uncoordinated functions of observer, policeman and pilot. Under normal circumstances the EU institutions act as observer of the economic policies ...
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    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 ...
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    Title: Le fondement normatif du principe de proportionnalité en théorie constitutionnelle  Author(s): TREMBLAY, Luc B. Date: 2009 Type of Publication: Working Paper Series/Report no.: EUI LAW Abstract: In many jurisdictions, the principle of proportionality is actually used by judges as basic standard in the process of judicial review of laws limiting constitutional rights. But what is the normative foundation of the ...
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    Title: “Reasonableness” and Value Pluralism in Law and Politics  Author(s): SADURSKI, Wojciech Date: 2008 Type of Publication: Working Paper Series/Report no.: EUI LAW Abstract: 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 ...
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    Title: Conflict of Laws as Constitutional Form: Reflections on International Trade Law and the Biotech Panel Report  Author(s): JOERGES, Christian Date: 2007 Type of Publication: Working Paper Series/Report no.: RECON Online Working Paper Abstract: Hardly anywhere is the trend towards a perfection of transnational governance arrangements and their 'legalization' more visible than in international trade. Governance arrangements established through and alongside WTO ...
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    Title: Reconceiving Law and New Governance  Author(s): WALKER, Neil; DE BURCA, Grainne Date: 2007 Type of Publication: Working Paper Series/Report no.: EUI LAW Abstract: 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 ...
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    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 ...
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    Title: Rationality within REACH? On Functional Differentiation as the Structural Foundation of Legitimacy in European Chemicals Regulation  Author(s): KJAER, Poul Date: 2007 Type of Publication: Working Paper Series/Report no.: EUI LAW Abstract: This paper analyses the potential legitimacy basis of REACH, the new regulatory system for the EC chemicals market. It is argued that three different potential sources of legitmacy exists: i) the “quasi-democratic” process ...