Showing 1 - 9 of 9
The current debate on the desirability and modes of formation of European Private Law (“EPL”) is engaging a wide number of scholars and institutions. Current work concerns the search for a common core of EPL, the rationalisation of the acquis communautaire, the design of a European Civil...
Persistent link: https://www.econbiz.de/10005040479
This paper deals with the issue of institutionalising a legal pacifistic international order. While Kant’s idea of perpetual peace serves as the point of departure, it is argued that in order to find a proper institutional arrangement one would have to look beyond the two notions found in...
Persistent link: https://www.econbiz.de/10005040502
European Governance is more than just a policy instrument without legal significance. Its regulatory sub-divisions, such as Comitology, the Lamfalussy procedure, and the growing number of European administrative agencies, have colonized substantive parts of the law-shaping and law-making...
Persistent link: https://www.econbiz.de/10005017344
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...
Persistent link: https://www.econbiz.de/10005029610
Abstract: Although not originally foreseen in the founding Treaty, today the most important and widespread form of EU regulation in the internal market is concerned with the government of risk. Indeed, similarly to what occurred in the United States in the 1960s and 1970s, the EU has in recent...
Persistent link: https://www.econbiz.de/10008611164
Abstract: The Lisbon Treaty marks the end, at least for the foreseeable future, of the project of a European Constitution. But does it also mean a rejection of the tradition of Western constitutionalism? The author addresses the question outlining, first, the main elements of the modern Western...
Persistent link: https://www.econbiz.de/10008611175
Since the mid 1990s, European governance has evolved substantially, particularly in thedirection of fewer constraints: flexibility, coordination, peer monitoring, and soft law havebecome fashionable themes. The literature on new modes of governance (or NMGs) hasflourished alongside these...
Persistent link: https://www.econbiz.de/10008836249
Abstract: Multifarious definitions and different practices are associated with the "judicial comity" notion. Nevertheless, this paper seeks to demonstrate the existence of a "key feature" of the phenomenon. The analysis of cases illustrates that the implementation of certain judicial techniques...
Persistent link: https://www.econbiz.de/10009147478
Altneuland: The European Constitutional Terrain It is in many respects a New Land - for the first time the Union is openly, officially using the word Constitution in its formal self-understanding. But this, in turn, places it, at least lexically, in the age old terrain of constitutionalism which...
Persistent link: https://www.econbiz.de/10008455537