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This article describes and critically analyses the proposed new typology of acts in the draft treaty establishing a constitution for Europe and its implications for the EU legal system. It comments on the categories of act on the three levels of constitutional law, legislation and...
Persistent link: https://www.econbiz.de/10004969202
There is a marked difference between the culture of open government in some Member States, particularly Sweden, and the culture of secrecy in Britain. Recent calls for a uniform interpretation of the law regarding public access to documents held by the Community Institutions seem to suggest that...
Persistent link: https://www.econbiz.de/10004969222
The relationship between EC law and minority protection is ambiguous. EU law remains, at least prima facie, and in contrast to international law, silent on this topic. This is interesting as there exists a (supposed) tension between the restricting character of some minority protecting measures...
Persistent link: https://www.econbiz.de/10004969244
Never has sovereignty been as fashionable as since its explanatory and normative force first came into doubt and its knell was tolled in the European Union. With the shift in authority away from the state to new sub-state, supra-state, post-state and non-state entities, an important question is...
Persistent link: https://www.econbiz.de/10004969269
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
This article aims to develop a coherent explanation of the impact of the EU on Turkey’s politics between 1987 (the year Turkey applied for EU membership) and 2004, providing a more profound analysis of Turkish political transformation within the framework of its relations with the EU. It...
Persistent link: https://www.econbiz.de/10005029582
Legal equality is a particularly troublesome ideal: it is at the same time non-negotiable(occupying a position lexically prior to other legal ideals shared by its proponents) and fundamentally ambiguous. The principal task for a theory of equality is to design a test fornon-discriminatory...
Persistent link: https://www.econbiz.de/10005029602
What’s New in European Administrative Law? Transcription of the Statements and Discussions of the Round Table held at the EUI on10 December 2004 : Jacques Ziller, Foreword; Edoardo Chiti, The Relationship between National Administrative Law and European Administrative Law in Administrative...
Persistent link: https://www.econbiz.de/10005029619
There have been for fifty years two Europes: the Europe of the Council of Europe and the Europe of the European Union. Both organisations have grown, but their membership remains different. Both have developed international instruments for protecting Human Rights: on the one hand, the European...
Persistent link: https://www.econbiz.de/10005029625
This article presents the results of a single-case study done in order to probe a specific version of an information processing approach to the study of (public) organizations. The case used for this probe is the European Fundamental Rights Agency. The article demonstrates that the information...
Persistent link: https://www.econbiz.de/10010747580