Showing 1 - 5 of 5
Abstract: On June 30, 2009, the German Constitutional Court declared the Lisbon Treaty to be compatible with the German constitution. The Lisbon decision marked the end of an intense constitutional battle. The following text illustrates how different views on and different understandings of...
Persistent link: https://www.econbiz.de/10008742943
Abstract: As the distinction between interpretation and politics diminishes, the need for pluralism in interpretation increases. The Article argues, first, that the rule of law requires that no one tribunal possess the power to subordinate a whole legal system to its politicized rule. The...
Persistent link: https://www.econbiz.de/10008611168
Abstract: This paper analyses the relationship between the EU scheme of generalized system of preferences (GSP) and international trade law in the context of the GATT/WTO.  We argue that the analysis of GSP schemes and the concerned Appellate Body (AB) case law demonstrate the possibility of an...
Persistent link: https://www.econbiz.de/10008611190
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
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