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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...
Persistent link: https://www.econbiz.de/10005017323
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...
Persistent link: https://www.econbiz.de/10005017334
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,...
Persistent link: https://www.econbiz.de/10005017337
Soon after the accession of eight post-communist States from Central and Eastern Europe to the EU, the constitutional courts of some of these countries questioned the principle of supremacy of EU law over national constitutional systems, on the basis of their being the guardians of national...
Persistent link: https://www.econbiz.de/10005017348
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...
Persistent link: https://www.econbiz.de/10005017357
This contribution argues that concepts of social justice in European and international private law must remain consistent with the principles of justice underlying European and international public law. The contribution begins with a brief explanation of the diversity of conceptions of...
Persistent link: https://www.econbiz.de/10009322575
Charter is included within the "European Constitution" (adopted in principle by the Heads of States and Government June 2004 …
Persistent link: https://www.econbiz.de/10005029625
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
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