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Laïcité in the Low Countries? On Headscarves in a Neutral State
Maris, Cees - Jean Monnet Chair - 2007
Abstract: The paper compares French and Dutch legal approaches in regulating the use of headscarves in public institutions as examples of divergent liberal legal cultures and national policies towards immigrant minorities. It shows that in France the principle of laïcité or state secularity...
Persistent link: https://www.econbiz.de/10008611146
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Rashomon in Karlsruhe - A reflection on Democracy and Identity in the European Union
"Franz C. Mayer" - Jean Monnet Chair - 2001
views on and different understandings of European constitutional law and European integration and, more generally speaking …
Persistent link: https://www.econbiz.de/10008742943
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Trade, Human Rights and the Economy of Sacrifice
ORFORD, ANNE - Jean Monnet Chair - 2004
intimate relationship between the two fields of law. The second part of the paper traces the forms of law and political … repressed foundation of responsible decision-making. I suggest that this form of law, with its secret relationship to mystery … of modern international law, would seem to challenge the logic of sacrifice to a mysterious God, through its commitment …
Persistent link: https://www.econbiz.de/10008455531
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European Court of Justice and the Question of Value Choices: Fundamental human rights as an exception to the freedom of movement of goods
Avbelj, Matej - Jean Monnet Chair - 2004
This paper is divided into three parts. The first part is focused on the analytical assessment of the meaning of value choices, regulatory autonomy and identity in the EU, which is characterized by the complex constitutional relationship between the Member States and supranational polity. I have...
Persistent link: https://www.econbiz.de/10008455535
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The Notion of Discrimination in Article 1102 of NAFTA
Rojas, Fernando Gonzalez - Jean Monnet Chair - 2005
Abstract: It is clear that Article 1102 of NAFTA was not intended to prohibit all kinds of differential treatment between foreign and domestic investors. Therefore, what kind of discrimination does Article 1102 outlaw? Many would confidently answer: discrimination aimed at protectionism....
Persistent link: https://www.econbiz.de/10008611171
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New Emerging Judicial Dynamics of the Relationship Between National and the European Courts after the Enlargement of Europe
Pollicino, Oreste - Jean Monnet Chair - 2008
Abstract: The paper explores the impact of the great enlargement of Europe (European Union and Council of Europe) to the east on the judicial interaction between the EU, the ECHR and the Member States legal orders. In order to appraise the dynamic and prospective nature of the enlargement, in...
Persistent link: https://www.econbiz.de/10008611180
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From ‘non-discrimination’ to ‘reasonableness’: a paradigm shift in international economic law?
Ortino, Federico - Jean Monnet Chair - 2004
Abstract: Among the few basic legal instruments employed in international economic law for the promotion of trade and …
Persistent link: https://www.econbiz.de/10008611181
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Integration or Exclusion: Migrants in the European Union and United States An Historical-Philosophical Approach
Giolo, Orsetta; Pifferi, Michele - Jean Monnet Chair - 2008
Abstract: The history of migration policy in Europe and United States between the late XIX and the early XX century offers several issues of comparison with the current EU regulation. The paper analyzes, with a historical-philosophical approach, these two experiences with the main focus on the...
Persistent link: https://www.econbiz.de/10008611186
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The First Substantive ECJ Judgment on the Racial Equality Directive: A Strong Message in a Conceptually Flawed and Responsively Weak Bottle
Henrard, Kristin - Jean Monnet Chair - 2009
Abstract: The aim of this article is to demonstrate, through close reading of the first judgment containing a substantive reasoning on the Racial Equality Directive, that in several respects the ECJ in its preliminary ruling does not provide the national court with a useful answer, as it does...
Persistent link: https://www.econbiz.de/10008611187
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From Judicial Comity to Legal Comity: a Judicial Solution to Global Disorder?
"Elisa D'Alterio" - Jean Monnet Chair - 2001
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