Title:Catch Me If You Can? The market freedoms’ ever-expanding outer limits
Author(s):CARO DE SOUSA, PedroDate:2011Type of Publication:ArticleAbstract:This Article submits that questions of institutional ability and legitimacy should play a more important role in the Court of Justice’s decision-making process. In effect, both the legal literature and the Court’s reasoning ...
Title:Alternative Architecture for Climate Change - Major Economies
Author(s):LEAL ARCAS, RafaelDate:2011Type of Publication:ArticleAbstract:This article argues that the Kyoto Protocol to the 1992 Framework Convention on Climate Change was doomed to face difficulties ab initio. Moving the climate change agenda forward multilaterally among the 195 parties to the ...
Title:Legal Application, Global Legal Pluralism and Hierarchies of Norms
Author(s):BERGÉ, Jean-SylvestreDate:2011Type of Publication:ArticleAbstract:In a context of global legal pluralism, the application of the law can be analysed at several levels, namely national, international and regional. At each level, legal systems are organized around different normative ...
Title:The ‘Retained Powers’ Formula in the Case Law of the European Court of Justice: EU law as total law?
Author(s):AZOULAI, LoicDate:2011Type of Publication:ArticleAbstract:The case-law of the European Court of Justice is full of standard formulas. This article analyses one such formula, the so-called ‘formula on retained powers’ according to which the scope of application of EU law extends ...
Title:Illegality Regimes and the Ongoing Transformation of Contemporary Citizenship
Author(s):AMAYA-CASTRO, Juan M.Date:2011Type of Publication:ArticleAbstract:This article introduces the notion of ‘illegality regimes’ and argues that the creation, enhancement, and strengthening of these regimes has a transformative, and perhaps even corrosive effect on the meaning and value of ...
Title:Citizenship, Migration and Regional Integration: Re-shaping citizenship conceptions in the Southern Cone
Author(s):OLMOS GIUPPONI, Maria BelenDate:2011Type of Publication:ArticleAbstract:The paper examines the relation between citizenship and regional migrations in recent legislative changes in Argentina from a comparative perspective. The article discusses how these legislative changes are shaping a new ...
Title:A Bayesian Model of the Litigation Game
Author(s):GUERRA-PUJOL, F. E.Date:2011Type of Publication:ArticleAbstract:Over a century ago, Oliver Wendell Holmes invited scholars to look at law through the lens of probability theory: ‘The prophecies of what the courts will do in fact, and nothing more pretentious, are what I mean by the ...
Title:Comparing Laws in the Enforcement of EU and National Competition Laws
Author(s):CSERES, KatiDate:2010Type of Publication:ArticleAbstract:This paper discusses the topic of ‘Comparing Laws’ in the specific context of the decentralised enforcement of EU competition law and the parallel application of national competition laws. More specifically, it deals with ...
Title:Introduction: Looking into the future...
Author(s):FERNÁNDEZ-BARRERA, Meritxell; DE FILIPPI, Primavera; GOMES DE ANDRADE, Norberto NunoDate:2010Type of Publication:Article