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Fairness At A Time Of Perplexity: The Civil Law Principle Of Fairness In The Court Of Justice Of The European Union, Daniela Caruso
Fairness At A Time Of Perplexity: The Civil Law Principle Of Fairness In The Court Of Justice Of The European Union, Daniela Caruso
Faculty Scholarship
The general principle of fairness, recently articulated by the Court of Justice of the European Union in the context of consumer law, is bound to prompt ambivalent scholarly reactions. Fairness in private law could be dismissed as hopelessly indeterminate: yet another venue of judicial balancing, a technique already seen ad nauseam in Luxembourg, whereby lip service is paid to conflicting considerations, but no real solace can be found against regressive outcomes of law and policy choices. At the same time, the judicial articulation of a general principle of fairness in private law could be seen as a prompt for domestic …
Melki In Context: Algeria And European Legal Integration, Daniela Caruso, Joanna Geneve
Melki In Context: Algeria And European Legal Integration, Daniela Caruso, Joanna Geneve
Faculty Scholarship
This is a chapter prepared for the volume: Bill Davies and Fernanda Nicola Eds., EU Law Stories: Contextual and Critical Histories of European Jurisprudence, Cambridge University Press, May 2017. In line with the spirit of the book, this chapter tells the story of Melki – a landmark case in the jurisprudence of the CJEU, in a novel way and connects the individual journey of Mr. Melki to the broader context of north-south relations. Besides recounting the lawyerly strategy of Melki’s pro-bono counsel and the predicament of Algerian sans-papiers in France, the chapter aims to contribute to the literature on the …