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The use of one and the same word, i.e. Justice in the English or French language to render the two concepts of Gerechtigkeit when the issue is about equitability or fairness in social relations, and of Justiz when the issue is about the administration of justice often leads lawyers to overlook...
Persistent link: https://www.econbiz.de/10005017323
In democratic societies, legal procedures are to ensure legally correct and rationally acceptable decisions, i.e. decisions that can be defended both in relation to legal statutes and in relation to public criticism. But can the legal system via the discretion of the judges itself really...
Persistent link: https://www.econbiz.de/10005040281
important issue of strengthening the legitimacy of the dispute settlement system, and a possible role for the standard of review …
Persistent link: https://www.econbiz.de/10004969243
The theme of the article is the ECJ's approach to the standing of private applicants in actions of annulment. The analysis places the emphasis on the Opinions by AG Jacobs and the rulings of the CFI and the ECJ in UPA and Jégo-Quérè and on the limited changes proposed under the Draft...
Persistent link: https://www.econbiz.de/10004969278
Persistent link: https://www.econbiz.de/10005029571
-making processes as it is not only the quality of the outcomes that determine the democratic legitimacy of policy-making, but also the …
Persistent link: https://www.econbiz.de/10008611260
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