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Full-Text Articles in Law
Eustitia: Institutionalizing Justice In The European Union, Helen E. Hartnell
Eustitia: Institutionalizing Justice In The European Union, Helen E. Hartnell
Publications
The European Union is installing new infrastructure upon which to build a "genuine European area of justice. This "European judicial area" constitutes a key component of the "area of freedom, security and justice" ("AFSJ"). The Amsterdam Treaty added the AFSJ as a dimension of the Union, in order to promote the free movement of persons. "EUstitia" is a neologism that aims to capture both pragmatic and aspirational aspects of this new European governance project. The term is used here to refer solely to the civil law component of the AFSJ. This article both examines EUstitia's key features, and explores the …
Introduction: Globalization Of Administrative And Regulatory Practice, Charles H. Koch Jr.
Introduction: Globalization Of Administrative And Regulatory Practice, Charles H. Koch Jr.
Faculty Publications
No abstract provided.
The Allocation Of Powers In The European Union: A Closer Look At The Principle Of Subsidiary, Christoph Henkel
The Allocation Of Powers In The European Union: A Closer Look At The Principle Of Subsidiary, Christoph Henkel
Journal Articles
In the first section this article examines the different meanings of subsidiarity, its character as a doctrine of social philosophy and the origins of the concept of subsidiarity in the Community Treaties. The second section of this article describes the community approach to application, interpretation and review of compliance with subsidiarity. In this context, the Principle of Proportionality and the procedural requirement to Show Sufficient Grounds are considered as tools for judicial review and first developments in the case law of the European Court of Justice are discussed. Finally, against the background of political economic theory, the article will highlight …
A Common Private Law For Europe, Alan Watson
A Common Private Law For Europe, Alan Watson
Scholarly Works
A satisfactory private law for Europe is not primarily to be sought for in the most common solutions, themselves the result of borrowing. Nor in established rules, themselves the result of longevity, and lack of governmental incentive in innovating. Nor should it be sought in intermediate positions of various mixed systems, themselves the results of the features just above described. Rather it is to be found in the need for authority. This means that a common law for Europe requires the acceptance of a uniform system of adjudicating differences within a standard framework of the necessary sources of law. Authority …