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Full-Text Articles in Law
Subsidiarity And/Or Human Rights, Daniel T. Murphy
Subsidiarity And/Or Human Rights, Daniel T. Murphy
Law Faculty Publications
The post-Maastricht world of the European Union is only about two years old. Within that new world, however, few concepts are as important, and yet as elusive or unsettled, as the doctrine of subsidiarity. On the other hand, the European Community has for many years evidenced concern over human rights. The purpose of this essay is to consider the implications of the concept of subsidiarity for human rights law and enforcement within the European Community and the European Union.
A Comparative Analysis Of Proposals For The Legal Protection Of Computerized Databases: Nafta Vs. The European Communities, W. Joseph Melnik
A Comparative Analysis Of Proposals For The Legal Protection Of Computerized Databases: Nafta Vs. The European Communities, W. Joseph Melnik
Case Western Reserve Journal of International Law
No abstract provided.
A Typology Of Transjudicial Communication, Anne-Marie Slaughter
A Typology Of Transjudicial Communication, Anne-Marie Slaughter
University of Richmond Law Review
Courts are talking to one another all over the world. Mary Ann Glendon describes a "brisk international traffic in ideas about rights," conducted by judges. "In Europe generally," she adds, "and in Australia, Canada, and New Zealand, national law is increasingly caught up in a process of cross-fertilization among legal systems."
Subsidiarity And Competition: Decentralized Enforcement Of Eu Competition Laws, Roger P. Alford
Subsidiarity And Competition: Decentralized Enforcement Of Eu Competition Laws, Roger P. Alford
Journal Articles
The purpose of this article is to examine how the European Union has applied, and potentially will apply, the principle of subsidiarity in the enforcement of EU competition laws. This article thus focuses on how the Union envisages national court participation in the application and enforcement of EU competition laws rather than how, in practice, Member State courts have exercised their concurrent jurisdiction in enforcing Articles 85 and 86. Part One provides a brief introduction to EU competition law enforcement and examines two recent decisions by the Court of Justice and the Court of First Instance clarifying the relationship between …