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Title:The abuse of constitutional identity : Illiberal constitutional discourse and European constitutional pluralism Author(s):SCHOLTES, Julian
Date:2022Citation:
- Florence : European University Institute, 2022
Type:ThesisSeries/Number:EUI PhD theses; Department of LawAbstract:‘Constitutional identity’ has become a key argument in the negotiation of authority between national legal orders and the legal order of the European Union. Many national constitutional courts have declared that the reach ...
Date:2022Citation:
Title:Heritable human genome editing : the bioethical battle for the basis and future of human rights Author(s):COGHLAN, Niall Date:2022Citation:
- Implications philosophiques, 2022, OnlineOnly
Type:ArticleAbstract:Is it permissible to interfere with the genome of future humans? Recent advances – including the alleged birth of the first genome-edited babies in 2018 – have brought fresh vigour to this long- standing human rights debate. ...
Date:2022Citation:
Title:Is the EU toothless? : an assessment of the EU rule of law enforcement toolkit Author(s):BÁRD, Petra Dóra ; CHRONOWSKI, Nóra; FLECK, Zoltán; KOVÁCS, Ágnes; KÖRTVÉLYESI, Zsolt; MÉSZÁROS, Gábor Date:2022Type:Working PaperSeries/Number:MTA Law Working Papers; 2022/08Abstract:This paper lists and critically assesses European Rule of Law enforcement instruments. It argues that these could have provided dissuasive responses to severe and systemic Rule of Law violations in Hungary, had they been ...
; CHRONOWSKI, Nóra; FLECK, Zoltán; KOVÁCS, Ágnes; KÖRTVÉLYESI, Zsolt; MÉSZÁROS, Gábor Date:2022Type:Working PaperSeries/Number:MTA Law Working Papers; 2022/08Abstract:This paper lists and critically assesses European Rule of Law enforcement instruments. It argues that these could have provided dissuasive responses to severe and systemic Rule of Law violations in Hungary, had they been ...
Title:Linguistic justice and immigration in Europe Author(s):JACOB-OWENS, Timothy Craig Date:2022Citation:
- Florence : European University Institute, 2022
Type:ThesisSeries/Number:EUI PhD theses; Department of LawAbstract:This study addresses the question of how Europe’s liberal democracies should respond to post-immigration linguistic diversity – that is, the array of languages spoken by non-dominant linguistic groups of immigrant origin. ...
Date:2022Citation:
Title:The autonomy of EU law : a Hartian view Author(s):LINDEBOOM, JustinDate:2021Citation:
- European journal of legal studies, 2021, Vol. 13, No. 1, pp. 271-307
Type:ArticleAbstract:This article aims to reconstruct and theorise the autonomy of the European Union (EU) legal system by drawing on Hartian legal theory. It comprises four claims. First, the European Court of Justice's (ECJ) 'foundational ...
Date:2021Citation:
Title:State authority without a duty to obey : challenging the assumption of correlativity between legitimate authority and political obligation Author(s):KORSEBERG, Lene KirstineDate:2021Citation:
- Florence : European University Institute, 2021
Type:ThesisSeries/Number:EUI PhD theses; Department of LawAbstract:When analysing the moral relationship between the state and its subjects, the majority of scholars subscribe to the “principle of correlativity”. This is the belief that the state’s political legitimacy and a citizen’s ...
Date:2021Citation:
Title:Forced to be free : the limits of European tolerance Author(s):ORGAD, LiavDate:2021Citation:
- Harvard human rights journal, 2021, Vol. 34, No. 1, OnlineOnly
Type:ArticleAbstract:Under which circumstances is it legitimate to force people to be free? Focusing on recent cases in Europe—handshaking, gender-mixed swimming lessons, and burkini bans—the Article exposes two types of moral hypocrisy in the ...
Date:2021Citation:
Title:Civil disobedience in times of pandemic : clarifying rights and duties Author(s):DELLA CROCE, Yoann; NICOLE-BERVA, Ophelia Date:2021Citation:
- Criminal law and philosophy, 2021, OnlineFirst
Type:ArticleAbstract:This paper seeks to investigate and assess a particular form of relationship between the State and its citizens in the context of the COVID-19 pandemic, namely that of obedience to the law and its related right of protest ...
Date:2021Citation: