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This paper examines both scholarly debates and empirical evidence about the normative and sociological legitimacy of one of the oldest, busiest and most powerful international courts in the world: the Court of Justice of the European Union (CJEU). With respect to normative legitimacy, the paper...
Persistent link: https://www.econbiz.de/10012963800
This paper looks at how the EU public procurement rules have shown a tendency to permanently expand their scope of application, both within and outside the EU. Inside the EU, the expansion has primarily resulted from blurred coverage boundaries and a creeping application outside their explicit...
Persistent link: https://www.econbiz.de/10012952346
This article presents an empirical survey of ECJ case law in the field of direct taxes from 1983 through 2013. This systematic retrospective uses aggregated metadata about all 267 cases which have been referred to the ECJ over that 30-year period
Persistent link: https://www.econbiz.de/10012903152
The 2015 reform of the EU’s court system will go down in history as the most radical transformation of the EU judicial architecture since the establishment of the General Court in 1989. It doubles the number of General Court judges but also dissolves the Civil Service Tribunal. This article...
Persistent link: https://www.econbiz.de/10011741593
This article contributes to a more comprehensive understanding of the role of the Advocate General in the makeup of the Court of Justice of the European Union. The article measures the influence of the Advocate General on the judgments of the Court of Justice through an econometric study using a...
Persistent link: https://www.econbiz.de/10014130433
Using the pending Daiichi Sankyo case as a point of reference, this article examines whether EU exclusive competence under Article 207 TFEU requires the CJEU to interpret the patent provisions of the TRIPS Agreement and, if so, what are the implications for patent protection in the EU. It...
Persistent link: https://www.econbiz.de/10014167785
substitute their judgment for that of administrative agencies. In China, there has been an undeniable shift toward legalized … xingzheng). However, China offers mixed support for the judicialization of administrative law or governance more broadly … complex as China. Part I provides a brief overview of the many efforts to legalize governance. Part II examines the role of …
Persistent link: https://www.econbiz.de/10014214872
Persistent link: https://www.econbiz.de/10000149955
Persistent link: https://www.econbiz.de/10000674574