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Which Governance for European Private Law?

Cafaggi, Fabrizio - European University Institute (EUI), Department of Law - 2007

legislative level, claiming that governance is a better response. He examines traditional modes of governance and then considers … the applicability of new modes of governance to EPL. He makes several reform proposals; most of them do not require … he emphasizes the role of judicial governance and the lack of coordination among national judiciaries proposing the …

Persistent link: https://www.econbiz.de/10005233250

Democracy and European Integration: A Legacy of Tensions, a Re-conceptualisation and Recent True Conflicts?

Joerges, Christian - European University Institute (EUI), Department of Law - 2007

full democratic legitimacy. The second concern is with the modes of governance that Europe has established in order to … areas of social policy, resorting to soft law and non-legal governance techniques, which seem hardly reconcilable with …

Persistent link: https://www.econbiz.de/10005233251

Consumer Citizenship in Postnational Constellations?

Everson, Michelle; Joerges, Christian - European University Institute (EUI), Department of Law - 2006

It is perhaps a truism to note that ‘the consumer’ is but a role that is played by human subjects. This insight leaves us, as lawyers, with one vital question: how can or does the legal system meaningfully rationalise its encounters with the consumer? Can it, and if so to what way, shape the...

Persistent link: https://www.econbiz.de/10005017327

Multi-Level Judicial Trade Governance without Justice? On the Role of Domestic Courts in the WTO Legal and Dispute Settlement System

Petersmann, Ernst-Ulrich - European University Institute (EUI), Department of Law - 2006

The fragmented nature of national and international legal and dispute settlement regimes, and the formalistic nature of the customary international law rules on treaty interpretation and conflicts of laws, offer little guidance on how national and international judges should respond to the...

Persistent link: https://www.econbiz.de/10005017343

Rationality within REACH? On Functional Differentiation as the Structural Foundation of Legitimacy in European Chemicals Regulation

Kjaer, Poul - European University Institute (EUI), Department of Law - 2007

regarded as a source of legitimacy in its own right. An adequate model of transnational governing and governance in the …

Persistent link: https://www.econbiz.de/10005017349

Locating the Public Interest in Transnational Policing

Loader, Ian; Walker, Neil - European University Institute (EUI), Department of Law - 2007

This paper examines the basis on which we might argue that there is a 'transnational' public interest in transnational policing. Is policing beyond the state simply a matter of finding points of overlap between the security interests of different national communities. If so, it appears as a...

Persistent link: https://www.econbiz.de/10005017358

Reconceiving Law and New Governance

Walker, Neil; Burca, Grainne de - European University Institute (EUI), Department of Law - 2007

This essay re-examines the concepts of Law and New Governance with a view to pursuing three cumulative objectives …. First, it emphasizes that both law and new governance are deeply contested concepts whose meaning and inter … it seeks to sketch a new framework of the relationship between Law and New Governance. This framework notes first, the …

Persistent link: https://www.econbiz.de/10005017359

Justice in International Economic Law? From the ‘International Law among States’ to ‘International Integration law’ and ‘Constitutional Law’

Petersmann, Ernst-Ulrich - European University Institute (EUI), Department of Law - 2006

The UN Charter and the Vienna Convention on the Law of Treaties require interpreting treaties and settling international disputes in conformity with the principles of justice and international law. This contribution discusses procedural and substantive principles of justice which the...

Persistent link: https://www.econbiz.de/10005017363

Participatory Transnational Governance

Nickel, Rainer - European University Institute (EUI), Department of Law - 2005

In textbooks and in theory, law is a product of democratic procedures. In reality, however, theplace of law production has moved to a significant degree from the domestic sphere into an emerging domain of supranational and international institutions, bodies, and organizations,public or private,...

Persistent link: https://www.econbiz.de/10005029609

L'autorité administrative dans l'Union européenne

Ziller, Jacques - European University Institute (EUI), Department of Law - 2004

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