The use of one and the same word, i.e. Justice in the English or French language to render the two concepts of Gerechtigkeit when the issue is about equitability or fairness in social relations, and of Justiz when the issue is about the administration of justice often leads lawyers to overlook...

Does the Community legal order constitute a closed ‘self-contained regime’ or will it be an ‘open system’? While founded on the basis of an international treaty, the European Community still has to determine – not unlike national legal orders – the effects of public international law...

The following Report will be presented to the 22nd FIDE Congress to be held in Limassol, Cyprus, 1-4 November 2006. It has been prepared in response to a questionnaire devised by the General Rapporteur, Professor Piet Eeckhout, which is reproduced as an Annex. It seeks to do two things: first,...

The article - to be published in Guibentif and Gonçalves (eds), Os novos territórios do direito: Globalização, europeização e transformação da regulação juridical, Coimbra : Almedina, 2006 or 2007 – explores a few elements of what may be labelled as the Europeanisation of Law –...

This paper takes a closer look at one of the EU’s foundational values, the rule of law, and relates it to the external dimension of the EU’s migration policy. It examines how the EU’s powers in migration management have been put to use in order to project EU migration policies beyond the...

The notion of 'Administrative Authority' has several dimensions in EU law. From a functional perspective, administrative authority may be exercised according to three patterns: indirect administration by member states' governmental institutions - the typical Community pattern - direct...

There are good reasons to expect that the process of European integration might bring about a renaissance of comparative law and private international law, the two disciplines, in which Herbert Bernstein had excelled in the New and the Old World. To be sure, Europe’s legal systems must respond...

In many jurisdictions, the principle of proportionality is actually used by judges as basic standard in the process of judicial review of laws limiting constitutional rights. But what is the normative foundation of the principle of proportionality ? The purpose of this text is to provide one...