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Enhanced Cooperation and the Common Foreign and Security and Defence Policies of the EU

Cremona, Marise - European University Institute (EUI), Department of Law - 2009

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

Member States as Trustees of the Community Interest: Participating in International Agreements on Behalf of the European Community

Cremona, Marise - European University Institute (EUI), Department of Law - 2009

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 Proposal on Consumer Rights and the Opportunity for a Reform of European Unfair Terms Legislation in Consumer Contracts

Micklitz, Hans-Wolfgang - European University Institute (EUI), Department of Law - 2010

, Directive 93/13/EEC on unfair contract terms in consumer contracts. At least since 1993 unfair terms legislation in Europe … reform of the Directive 93/13/EC provides the opportunity to draw the attention to four underresearched issues (I) the need … widening the scope ratio materiae of the Directive/Proposal; (III) the search for a realisable and manageable combination of …

Persistent link: https://www.econbiz.de/10009322571

La mano visibile del diritto privato europeo in materia normativa – La trasformazione del diritto privato europeo dall’autonomia al funzionalismo nella concorrenza e nella regolame...

Micklitz, Hans-Wolfgang - European University Institute (EUI), Department of Law - 2010

Il titolo "La mano visibile del diritto privato europeo in materia normativa" è un'espressione che dovrebbe chiarire quella che io identifico come la più grande lacuna esistente non soltanto nel discorso politico ma anche nella dottrina e nella teoria del diritto privato europeo, alla quale mi...

Persistent link: https://www.econbiz.de/10009322572

Failure or Ideological Preconceptions – Thoughts on Two Grand Projects: The European Constitution and the European Civil Code

Micklitz, Hans-Wolfgang - European University Institute (EUI), Department of Law - 2010

I am interested in the relationship between constitutional and private law. The two Grand Projects, the European Constitution and the European Civil Code, serve as a catalyst to develop my argument. I will first look at the link between the two Grand Projects by placing emphasis on parameters...

Persistent link: https://www.econbiz.de/10009322577

Europeanization of Private Law in Central and Eastern Europe Countries (CEECs): Preliminary Findings and Research Agenda

Cafaggi, Fabrizio; Cherednychenko, Olha; Cremona, Marise; … - European University Institute (EUI), Department of Law - 2010

. Austria, Finland and Sweden accessed the EU in 1995. In 2004, ten Central and Eastern European Countries (hereinafter: ‘the …

Persistent link: https://www.econbiz.de/10009322578

EU External Action in the JHA Domain: a legal perspective

Cremona, Marise - European University Institute (EUI), Department of Law - 2008

Since the Conclusions of the European Council on the Area of Freedom, Security and Justice (AFSJ) at Tampere in 1999 the Union has recognised the significance of the external dimension to this policy field, and over the last decade the Union’s activity in this field has both intensified and...

Persistent link: https://www.econbiz.de/10005553300

Sur la légitimité d'européaniser le droit privé. Plaidoyer pour une approche procédurale

Joerges, Christian - European University Institute (EUI), Department of Law - 2004

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...

Persistent link: https://www.econbiz.de/10005029633

On ‘Middle Ground’. The European Community and Public International Law

Schutze, Robert - European University Institute (EUI), Department of Law - 2007

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

External Relations of the EU and the Member States: Competence, Mixed Agreements, International Responsibility, and Effects of International Law

Cremona, Marise - European University Institute (EUI), Department of Law - 2006

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