Browsing EJLS - European Journal of Legal Studies Articles by Rights "info:eu-repo/semantics/openAccess"

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Title:From the duty to refer to the duty to state reasons : the past, present and future of the preliminary reference procedure Author(s):MILLET, François-XavierDate:2023Citation:European journal of legal studies, 2023, Vol. 15, SI, pp. 7-36Type:ArticleAbstract:Although national courts of last instance are subject to a duty to refer under Article 267, paragraph 3, TFEU, the Court of Justice has significantly qualified that duty since Cilfit, thereby contributing to making failures ...
Title:Conclusion : article 267 TFEU and EU federalism Author(s):SCHUTZE, Robert Date:2023Citation:European journal of legal studies, 2023, Vol. 15, SI, pp. 221-227Type:ArticleAbstract:Is the relationship between the EU judiciary and the Member State judiciaries a federal one; and if so, is it 'dual' or 'cooperative'? Federalism generally means duplex regimen: within a Union of States, the tasks of ...
Title:Human rights as an example of cooperative federalism? : Frantziou a chronology of the use of the preliminary reference procedure in human rights cases between 1957 and 2023 Author(s):FRANTZIOU, EleniDate:2023Citation:European journal of legal studies, 2023, Vol. 15, SI, pp. 189-220Type:ArticleAbstract:This article analyses the role of human rights in the preliminary reference procedure based on a systematic review of the use of fundamental rights in references for a preliminary ruling between 1957 and 2023. It shows ...
Title:Retracing old (scholarly) paths : the erga omnes effects of the interpretative preliminary rulings Author(s):MARTINICO, GiuseppeDate:2023Citation:European journal of legal studies, 2023, Vol. 15, SI, pp. 37-70Type:ArticleAbstract:In this article, I shall look at a classic topic of European Union law: that of the erga omnes effects of the interpretative decisions of the European Court of Justice under Article 267 TFEU. I shall divide the article ...
Title:Global plastics governance : opportunities and challenges for its improvement from a life cycle perspective Author(s):CARRATTA, Giorgia; JAECKEL, LivDate:2023Citation:European journal of legal studies, 2023, Vol. 15, No. 1, pp. 29-64Type:ArticleAbstract:Despite being an alarming and widespread environmental issue, plastic pollution is still lacking an adequate response from the international community. The interconnection between (upstream) human activities and (downstream) ...
Title:Thinking the unthinkable : beyond international law's imaginaries? Author(s):LYTHGOE, GailDate:2023Citation:European journal of legal studies, 2023, Vol. 15, No. 1, pp. 265-272Type:ArticleAbstract:Every discipline is composed of a set of restrictions on the imagination. The very notion of a legal discipline, with its codes and perimeters, avoids, forbids, and represses the use of other conceptual apparatuses, ...
Title:Rethinking the problem of third-state injuries in the situation of self-defence : justifications against the host state as focus Author(s):ZHOU, WeihangDate:2023Citation:European journal of legal studies, 2023, Vol. 15, No. 1, pp. 273-292Type:ArticleAbstract:When responding to armed attacks by an aggressor state operating within a third state in self-defence, a victim state may inadvertently violate the rights of that host state, including but not limited to their rights to ...
Title:Represión contra activistas o personas defensoras de derechos humanos : la violencia de la democracia y el derecho Author(s):CEPEDA-RODRÍGUEZ, Emerson HarveyDate:2023Citation:European journal of legal studies, 2023, Vol. 15, No. 1, pp. 209-264Type:ArticleAbstract:Human rights defenders (PDD or activists) face violence when mobilizing against impunity, environmental destruction, corruption, and gender inequality. The violence against PDD is often perpetrated by powerful groups. These ...
Title:Editorial : maieutic or meddlesome? : reflections on the roles of the journal and the author Author(s):MOLBÆK-STEENSIG, Helga Date:2023Citation:European journal of legal studies, 2023, Vol. 15, No. 1, pp. 1-7Type:ArticleAbstract:There is a fair amount of road to travel between a submitted draft and a published article. For authors, publishing takes time, effort, and in some journals a significant monetary contribution as well. For editors and peer ...
Title:Ensuring state responsibility in proxy warfare : the concept of state complicity in violations of international humanitarian law by non-state armed groups Author(s):ROITHMAIER, KilianDate:2023Citation:European journal of legal studies, 2023, Vol. 14, No. 2, pp. 141-156Type:ArticleAbstract:Proxy warfare in the form of State support to non-State armed groups is a recurrent feature of armed conflicts. While States have long recognized the strategic advantages of this form of indirect conflict intervention, ...
Title:Navigating between Scylla and Charybdis : international law, maritime security and freedom of navigation Author(s):MORAN, CianDate:2023Citation:European journal of legal studies, 2023, Vol. 15, No. 1, pp. 9-28Type:ArticleAbstract:There has been longstanding friction between international law and international security, with the Law of the Sea being no exception. Where once, states had wide latitude to utilise freedom of the seas to engage in commerce ...
Title:Editorial : Introduction : article 267 TFEU, today Author(s):GALLO, Daniele; CECCHETTI, LorenzoDate:2023Citation:European journal of legal studies, 2023, Vol. 15, SI, pp. 1-6Type:ArticleAbstract:This Special Issue, which focuses on the constitutional backbone of the preliminary ruling procedure in today's European Union (EU), is the result of the Jean Monnet Workshop entitled 'Article 267 TFEU, today', held at ...
Title:Comparing the procedures and practice of judicial dialogue in the US and the EU : effects of US unconstitutionality and EU's preliminary interpretative rulings Author(s):NICOLA, Fernanda; FASONE, Cristina ; GALLO, DanieleDate:2023Citation:European journal of legal studies, 2023, Vol. 15, SI, pp. 147-188Type:ArticleAbstract:The article investigates the role and powers of the Supreme Court of the United States (SCOTUS) and the European Court of Justice (ECJ) when a conflict between 'federal'/EU and State law arises. It focuses on how it is ...
Title:The polysemy of gender discrimination in the IACTHR jurisprudence : towards the elimination of structural gender discrimination through transformative reparations Author(s):LA BARBERA, Maria Caterina; WENCES, IsabelDate:2023Citation:European journal of legal studies, 2023, Vol. 15, No. 1, pp. 167-207Type:ArticleAbstract:This article focuses on the jurisprudence of the Inter-American Court of Human Rights (IACtHR) on structural gender discrimination and transformative reparations. It dwells on feminist legal and political analysis on the ...
Title:Reconsidering approaches for facilitating non-state actors’ participation in Global Plastics Treaty regime Author(s):AKROFI, Daniel; SHANG, Peixuan; CIESIELCZUK, JakubDate:2023Citation:European journal of legal studies, 2023, Vol. 14, No. 2, pp. 121-140Type:ArticleAbstract:The current approach to non-State actors’ participation in international environmental law is limited. This article, therefore, argues for a reconsideration of non-State actors’ participation to create more opportunities ...
Title:‘Regionalised collective security’ after Brexit for Europe and international law Author(s):REEDER, DanielleDate:2023Citation:European journal of legal studies, 2023, Vol. 14, No. 2, pp. 103-120Type:ArticleAbstract:The United Kingdom’s decision to leave the European Union raises political and legal concerns regarding their future security and defence relationship. The UK’s current stance on establishing a security and defence ...
Title:Editorial : on academic publishing for early career researchers Author(s):MOLBÆK-STEENSIG, Helga ; GILDER, AlexanderDate:2023Citation:European journal of legal studies, 2023, Vol. 14, No. 2, pp. 1-8Type:ArticleAbstract:First, we focus on speed. Early career researchers needing to secure funding for postdocs, working on securing tenure, or otherwise stuck in the precarity of early academic careers, are particularly exposed when journals ...
Title:Plaumann withering : standing before the EU General Court underway from distinctive to substantial concern Author(s):WINTER, GerdDate:2023Citation:European journal of legal studies, 2023, Vol. 15, No. 1, pp. 85-123Type:ArticleAbstract:Direct access to the EU General Court for annulment of certain EU legal acts presupposes that the applicant is individually concerned. Longstanding case law has defined ‘individually’ as distinctive and unique. This formal ...
Title:To raise or not to raise : this is the question of judicial compensation Author(s):BAR NIV, Moshe; LACHMAN, RanDate:2023Citation:European journal of legal studies, 2023, Vol. 14, No. 2, pp. 9-44Type:ArticleAbstract:The issue of raising judicial compensation as a cornerstone for improving (or at least maintaining) the quality of the judiciary has been the subject of a longstanding debate engaging judges, politicians and scholars. Some ...
Title:International organisations and the development of international environmental law : an account of the exercise of international public authority Author(s):GUERREIRO TEIXEIRA, RitaDate:2023Citation:European journal of legal studies, 2023, Vol. 14, No. 2, pp. 85-102Type:ArticleAbstract:This article lays out a framework of authority for the analysis of non binding instruments of international organisations as exercises of international public authority. This framework considers influence on freedom of ...