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The death of laws : mandatory requirements and environmental protection
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1973-2937
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European journal of legal studies, 2021, Vol. 13, No. 2, pp. 9-25
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QUINTAVALLA, Alberto, YALNAZOV, Orlin, The death of laws : mandatory requirements and environmental protection, European journal of legal studies, 2021, Vol. 13, No. 2, pp. 9-25 - https://hdl.handle.net/1814/72944
Abstract
Legal change is usually seen as a process exogenous to law. In this article, we argue that laws, even if left untouched by the political process, decay of their own accord. The first part develops the argument in conceptual form. The second illustrates it through an example from European Union law. Specifically, it shows that the Court of Justice of the European Union's 'mandatory requirements' doctrine was gradually hollowed out.
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Published online: 30 November 2021