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The paper argues that some general Community standards for horizontal liability among private parties can be established already now. The basic requirement is a sufficiently serious, not necessarily negligent violation of an EU (including always EC) law provision intending to protect private...
Persistent link: https://www.econbiz.de/10008611271
The aim of this paper is the study of the enhanced cooperation mechanism in the framework of the Lisbon Treaty as it applies to the Common Foreign and Security Policy (CFSP) and the Common Security and Defence Policy (CSDP) of the EU. The concept of enhanced cooperation was introduced into the...
Persistent link: https://www.econbiz.de/10008611273
The papers collectively aim to improve the understanding of the multi-level interplay between primary EC law and national private law. As such, the authors address the pressing topics of the shifting public – private divide in Community law, the impact of fundamental rights on Internal Market...
Persistent link: https://www.econbiz.de/10008611274
The Code of Good Administrative Behaviour has passed fairly unnoticed in academic research on the principle of good administration. However, it is an important source to understand the meaning of this principle and concept in European administrative law, since it encompasses some of its...
Persistent link: https://www.econbiz.de/10008611275
This working paper explores issues of security integration in a number of external policies of the European Union (EU), and looks at both security policies per se and the security rationale contained in other policy contexts. Following a twin-track approach of presenting both a legal and a...
Persistent link: https://www.econbiz.de/10008611276
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...
Persistent link: https://www.econbiz.de/10008611277
This working paper explores issues of security integration in a number of external policies of the European Union (EU), and looks at both security policies per se and the security rationale contained in other policy contexts. Following a twin-track approach of presenting both a legal and a...
Persistent link: https://www.econbiz.de/10008611278
This paper discusses the legal effects of a seemingly paradoxical situation: an international agreement falls at least in part within the exclusive competence of the Community, and yet the Member States are parties to the agreement and the Community is not. This situation, while not common, is...
Persistent link: https://www.econbiz.de/10008611280
The place and legal value of social rights in the EU Charter is only one episode (albeit a long drawn out episode, lasting since 2000)in the ongoing struggle about the ‘fundamentalisation’ of social rights, which is the subject of the contributions to this collective Working Paper. In the...
Persistent link: https://www.econbiz.de/10008611281
The financial crisis challenges the European Economic Constitution in that the two major pillars, the competition rules and the economic freedoms are put into question. This working paper contains the proceedings of a workshop which was held in Florence on the 4th December 2009. Takis Tridimas...
Persistent link: https://www.econbiz.de/10009322570