Browsing EJLS - European Journal of Legal Studies Articles by Issue Date

Now showing items 41-60 of 219

Title:Power and accountability in the EU financial regulatory architecture : examining inter-agency relations, agency independence and accountability Author(s):CHIU, Iris H.Date:2015Citation:European journal of legal studies, 2015, Vol. 8, No. 1, pp. 67-103Type:ArticleAbstract:Institutional reforms carried out at the EU level in the aftermath of the global financial crisis were purposed towards preserving the stability and well-functioning of financial markets in the EU. The European System of ...
Title:Challenging the subnational dimension of subsidiarity in EU law Author(s):FINCK, MichèleDate:2015Citation:European journal of legal studies, 2015, Vol. 8, No. 1, pp. 5-17Type:ArticleAbstract:This article, which forms part of the ‘New Voices’ series and is hence drafted as an essay rather than a proper academic article, examines the principle of subsidiarity in its application to local and regional authorities ...
Title:The Dublin Regulation between Strasbourg and Luxembourg : reshaping non-refoulement in the name of mutual trust? Author(s):VICINI, GiuliaDate:2015Citation:European journal of legal studies, 2015, Vol. 8, No. 2, pp. 50-72Type:ArticleAbstract:This article addresses one of the most challenging inconsistencies in the case law of the ECtHR and the CJEU. It critically analyses the judgments delivered by these two courts on the compatibility of the Dublin Regulation ...
Title:How can obesity fit within the legal concept of 'disability'? : a comparative analysis of judicial interpretations under EU and US non-discrimination law after Kaltoft Author(s):DAMAMME, JosephDate:2015Citation:European journal of legal studies, 2015, Vol. 8, No. 1, pp. 147-179Type:ArticleAbstract:The recent change of the concept of 'disability' by the Court of Justice of the European Union (CJEU) in HK Danmark (Ring and Skouboe Werge) represents a valuable progress in the pursuit of consistency between the social ...
Title:Fragmentation and inter-judicial dialogue : the CJEU and the ICJ at the interface Author(s):KASSOTI, EvaDate:2015Citation:European journal of legal studies, 2015, Vol. 8, No. 2, pp. 21-49Type:ArticleAbstract:This contribution explores the question whether the CJEU has promoted or, conversely, weakened the coherence of the international legal system through its practice within the broader context of the fragmentation debate. ...
Title:Rolling pennies on the road? : EU law conformity of road charges for light vehicles Author(s):JAEGER, ThomasDate:2015Citation:European journal of legal studies, 2015, Vol. 8, No. 2, pp. 126-156Type:ArticleAbstract:The EU law conformity of road charges has received some recent attention following the German government's plans for implementation of an infrastructure charge for vehicles below 3,5 tons on motorways and through-roads. ...
Title:The framework for the social accountability of central banks : the growing relevance of the soft law in central banking Author(s):VILLARD DURAN, CamilaDate:2015Citation:European journal of legal studies, 2015, Vol. 8, No. 2, pp. 97-125Type:ArticleAbstract:Central banks are not traditionally thought of as being socially accountable. In fact, the main innovation of central banks in the 20th century was to make them largely independent from political influence. Thus, the ...
Title:The role of effet utile in preserving the continuity and authority of European Union law : evidence from the citation web of the pre-accession case law of the court of justice of the EU Author(s):ŠADL, UrškaDate:2015Citation:European journal of legal studies, 2015, Vol. 8, No. 1, pp. 18-45Type:ArticleAbstract:Effet utile is one of the most contested terms in European case law. The present article empirically analyses its occurrences in the case law across time, legal fields and argumentative contexts. It thereby demonstrates ...
Title:Editorial : meet the time as it seeks us Author(s):DEUTSCHER, EliasDate:2015Citation:European journal of legal studies, 2015, Vol. 8, No. 2, pp. 1-5Type:Article
Title:Equal opportunities and legal education : a mainstream perspective Author(s):CATELANI, Elisabetta; STRADELLA, ElettraDate:2014Citation:European Journal of Legal Studies, 2014, Vol. 7, No. 2, pp. 180-213Type:ArticleAbstract:This article aims at discussing the role of legal education in spreading awareness about gender issues amongst legal operators, judges and public administrations and institutions. In particular, the authors investigate the ...
Title:‘It is not its task to act as a Court of fourth instance’ : the case of the ECtHR Author(s):DAHLBERG, MaijaDate:2014Citation:European Journal of Legal Studies, 2014, Vol. 7, No. 2, pp. 84-118Type:ArticleAbstract:This article discusses the so-called fourth instance doctrine under Article 6 of the European Convention on Human Rights, focusing in particular on its role in fair trial cases. It attempts to determine when the European ...
Title:Challenging the perplexity over jus in bello proportionality Author(s):ANDRESEN, JoshuaDate:2014Citation:European Journal of Legal Studies, 2014, Vol. 7, No. 2, pp. 19-35Type:ArticleAbstract:Contrary to the common claim that jus in bello proportionality is an obscure and intractable principle of modern warfare, this paper shows that proportionality balancing has a central role to play in assuring efficient ...
Title:European Union towards the banking union, single supervisory mechanism and challenges on the road ahead Author(s):NIKNEJAD, MandanaDate:2014Citation:European Journal of Legal Studies, 2014, Vol. 7, No. 1, pp. 92-124Type:ArticleAbstract:The financial crisis in the Eurozone has posed a serious challenge to the viability of the existing legal structure, which serves as the grounds for the European Union’s (EU) Member States’ economic cooperation. The EU’s ...
Title:Transparency in the staff selection procedure of the EU institutions : comments on the Pachtitis case Author(s):RODRIGUEZ-MEDAL, JaimeDate:2014Citation:European Journal of Legal Studies, 2014, Vol. 7, No. 1, pp. 154-191Type:ArticleAbstract:As one of the key principles governing the activities of the civil service of the European Union, transparency has become more and more important in the decision-making process, activities of the institutions, budget and ...
Title:Book review : Laura J Murray, S Tina Piper and Kirsty Robertson putting intellectual property in its place : rights discourses, creative labor, and the everyday Author(s):LINKLATER, EmmaDate:2014Citation:European Journal of Legal Studies, 2014, Vol. 7, No. 1, pp. 192-195Type:ArticleAbstract:This short but confident book considers intellectual property ‘law’ in the most distanced sense. In essence, the book seeks to contextualize IP, the different roles it has to play and the contours it can take. Recognizing ...
Title:Challenging legal culture Author(s):COMPARATO, GuidoDate:2014Citation:European Journal of Legal Studies, 2014, Vol. 7, No. 2, pp. 5-18Type:ArticleAbstract:With a view to stimulating discussion regarding one of the most widespread methodological approaches in current legal studies and, in particular, in comparative private law, this paper challenges the notion of legal culture. ...
Title:Editorial : on age and legal genius Author(s):ZGLINSKI, JanDate:2014Citation:European Journal of Legal Studies, 2014, Vol. 7, No. 2, pp. 1-4Type:ArticleAbstract:Science’s most famous cat was an oddity. Not only did she have the formidable capacity to be both dead and alive when put in a box with radioactive material, her master Erwin Schrödinger was, even at the tender age of 38, ...
Title:How should Bitcoin be regulated ? Author(s):SHCHERBAK, SergiiDate:2014Citation:European Journal of Legal Studies, 2014, Vol. 7, No. 1, pp. 45-91Type:ArticleAbstract:The lack of clarity about Bitcoin’s legal framework has meant that none of the regulators across the EU have yet achieved sufficient clarity in the legal treatment of Bitcoin and its stakeholders. This uncertainty poses a ...
Title:Obstacles in European competition law enforcement : a potential solution from collective redress Author(s):ZYGIMANTAS, JuskaDate:2014Citation:European Journal of Legal Studies, 2014, Vol. 7, No. 1, pp. 125-153Type:ArticleAbstract:The primary focus of this article is to review the main obstacles in competition law enforcement in the European Union and to investigate how the development of collective redress could effectively facilitate enforcement ...
Title:Intelligence agents, autonomous slaves and the U.S. Supreme Court’s wrong (and right) concept of personal autonomy Author(s):BITTON, RaphaelDate:2014Citation:European Journal of Legal Studies, 2014, Vol. 7, No. 1, pp. 5-44Type:ArticleAbstract:This paper traces the boundaries of consent in the relations of recruited intelligence agents and their handlers. The U.S. Supreme Court considered these relations to be contractual. However, such a contract, according to ...