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This article tracks the genesis of one of the EU's most established meta-narratives, that of Europeanization-through-case-law … analyzes what is at stake in its genesis as a dominant theory of Europeanization. I trace its emergence in the conflicting … theorizations of the relationship between Law and the European Communities that come along with the European Court of Justice …
Persistent link: https://www.econbiz.de/10005029500
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Adversarial legalism - an approach to regulation characterized by strict, legalistic enforcement of detailed legal norms, relying on active judicial intervention and frequent private litigation - has historically been viewed as a uniquely 'American' legal style. This paper argues that the...
Persistent link: https://www.econbiz.de/10005030859
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. After describing these developments, the paper examines the case law of EU Court of Justice on positive action for women in …
Persistent link: https://www.econbiz.de/10010814351
. After describing these developments, the paper examines the case law of EU Court of Justice on positive action for women in …
Persistent link: https://www.econbiz.de/10010814445
The Europeanization of contract law has continuously developed over the past 25 years. It is now at a defining stage … such a rulebook will have a significant impact on the future development of European contract law. Yet the nature and … contract law. The crucial question is: Will it provide a dynamic framework for legal innovation? …
Persistent link: https://www.econbiz.de/10005030842
The Maastricht-Urteil of the German Constitutional Court of October 1993 has left a deep mark on European Union law … law. The final section reflects on the real motives behind the Maastricht-Urteil and its legacy, and on possible future …
Persistent link: https://www.econbiz.de/10005029554
This paper analyzes the social recruitment of the European Court of Justice from the early 1950s to the late 1990s with special focus on the early days of the Court (1950s-1960s). Early European integration can be described as a series of struggles between opposing types and segments of national...
Persistent link: https://www.econbiz.de/10005030846