Search result: 128 articles

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Alfred Kellermann
Team Leader EU Project Strengthening the Ministry of European Integration in Tirana; Legal and Policy Advisor T.M.C Asser Institute, the Hague.

Luk Van Langenhove

Daniele Marchesi
Luk Van Langenhove, United Nations University - UNU-CRIS Bruges; Daniele Marchesi, European Commission (at the time of writing, United Nations University - UNU-CRIS Bruges). This article was presented at the international conference “The Lisbon Reform Treaty (and its rejection?): Internal and External Implications”, organized by the Hebrew University, IASEI and CAES in Jerusalem, on 12-14 July 2008.

Claudio Mandrino
Reasercher at University of Turin (Italy). This paper was first presented at the international conference on “The Lisbon Reform Treaty: Internal and External Implications” organized by the Hebrew University of Jerusalem, by the Davis Institute for International Relations and by the Israeli Association for the Study of European Integration, 13-14 July 2008.

Anna-Lena Högenauer
B.A. King's College London, 2005; M.A. College of Europe, 2006; Ph.D. candidate at the University of Edinburgh. This paper was first presented at the international conference “The Lisbon Reform Treaty: Internal and External Implications” organized by the Hebrew University of Jerusalem, the Leonard Davis Institute for International Relations and the Israeli Association for the Study of European Integration in Jerusalem on 13 and 14 July 2008. The author thanks Prof. Charlie Jeffery for his encouragement.

Guy Harpaz
Jean Monnet Lecturer, Law Faculty and Department of International Relations, Hebrew University of Jerusalem and President of the Israeli Association for the Study of European Integration, gharpaz@mscc.huji.ac.il.

Lior Herman
European Institute, London School of Economics, l.e.herman@lse.ac.uk.

Giuseppe Martinico
Lecturer in Law at the University of Pisa; PhD, Sant'Anna School of Advanced Studies, Pisa. I would like to thank Emanuele Pollio for his comments and Andrea Serafino and Alberto Montagner for their help in preparing a preliminary version of this work.

Talia Einhorn
Visiting Professor of Law, Indiana University School of Law - Indianapolis

Ulrich Karpen
Prof. Dr. iur., Universitätsprofessor at the Faculty of Law, University of Hamburg, Gerrmany.

Giuseppe Martinico

Oreste Pollicino

Vincenzo Sciarabba
Paragraphs B and D have been written by Giuseppe Martinico (STALS Senior Assistant Editor, Scuola Superiore Sant'Anna); paragraphs C and F by Oreste Pollicino (Associate Professor in Comparative Public Law, Bocconi University, Milan); paragraphs A and E by Vincenzo Sciarabba (Post-doc Researcher in Comparative Public Law, University of Pavia). For the idea of the “untouchable core” see, N. Lavranos, Revisiting Article 307 EC: The Untouchable Core of Fundamental European Constitutional Law Values, in F. Fontanelli, G. Martinico & P. Carrozza, (Eds.), Shaping Rule of Law Through Dialogue: International and Supranational Experiences (forthcoming).
Article

Cultural Diversity ‘Under Review’ The Fachverband der Buch- und Medienwirtschaft Case

Case C-531/07, Fachverband der Buch- und Medienwirtschaft v. LIBRO Handelsgesellschaft mbH, Judgment of the Court (Second Chamber) of 30 April 2009

Journal European Journal of Law Reform, Issue 4 2009
Authors Delia Ferri
Author's information

Delia Ferri
Dr. in European and Italian Constitutional Law (University of Verona); Registered Attorney at Law (Verona Bar).

Frans G. von der Dunk
University of Nebraska, College of Law, Space and Telecommunications Law Program, Fvonderdunk2@unl.edu

Jeroen Temperman
Assistant Professor of Public International Law, Erasmus University Rotterdam; Erasmus Fellow; and Editor-in-Chief of Religion & Human Rights: An International Journal.

Diego Zannoni
University of Padua, Italy

Irina Kerner
LL.M. (Edinburgh), Doctoral candidate, University of Cologne, Germany, irina.kerner@googlemail.com
Article

Access_open Constitutionele toetsing in een democratie zonder volk

Een kelseniaanse rechtvaardiging voor het Europees Hof van Justitie

Journal Netherlands Journal of Legal Philosophy, Issue 2 2010
Keywords Kelsen, Democracy, Legitimacy, European Union, European Court of Justice
Authors Quoc Loc Hong
AbstractAuthor's information

    This article draws on Hans Kelsen’s theory of democracy to argue that, contrary to conventional wisdom, there is nothing fundamentally wrong with the democratic legitimacy of either the European Union (EU) or the European Court of Justice (ECJ). The legitimacy problems from which the EU in general and the ECJ in particular are alleged to suffer seem to result mainly from our rigid adherence to the outdated conception of democracy as popular self-legislation. Because we tend to approach the Union’s political and judicial practice from the perspective of this democracy conception, we are not able to observe what is blindingly obvious, that is, the viability and persistence of both this mega-leviathan and the highest court thereof. It is, therefore, imperative that we modernize and adjust our conception of democracy in order to comprehend the new reality to which these bodies have given rise, rather than to call for ‘reforms’ in a futile attempt to bring this reality into accordance with our ancient preconceptions about what democratic governance ought to be. Kelsen is the democratic theorist whose work has enabled us to venture into that direction.


Quoc Loc Hong
Quoc Loc Hong was a FWO Postdoctoral Fellow from 2007 to 2009 at the University of Antwerp. He is currently an independent researcher.
Article

Is there a Future for Space Law Beyond "Soft Law"?

The Current Status of the Rule of Law with Regard to Space Activities

Journal International Institute of Space Law, Issue 4 2010
Authors J. Monserrat Filho and A.F. dos Santos

J. Monserrat Filho

A.F. dos Santos
Article

Karlsruhe v. Lisbon

An Overture to a Constitutional Dialogue from an Estonian Perspective

Journal European Journal of Law Reform, Issue 3-4 2010
Keywords constitutional dialogue, Karlsruhe decision, supranationalism
Authors Tanel Kerikmae and Katrin Nyman-Metcalf
Abstract

    The article uses the 2009 decision of the German Constitutional Court on the Lisbon Treaty as a basis for an analysis of the relationship between EU law and Member State law, especially Member State constitutions. The authors argue that an uncritical openness of Member States to supremacy of EU law and the interpretations made of it by the European Court of Justice is not necessary but rather an analytical attitude towards the development of EU with active legal argumentation to protect the rule of law – a deliberative supranationalism. A constitutional dialogue between Member States and the EU is the best protection and promoter of rule of law. The constitutional discussions in Estonia are used as an illustration of the balancing of national constitutional principles and supremacy or EU law.


Tanel Kerikmae

Katrin Nyman-Metcalf
Article

Good Governance

Journal European Journal of Law Reform, Issue 1-2 2010
Keywords international cooperation, state administration, substate-level administration, steering non-governmental bodies, principles of Human-Rights-and-Rule-of-Law, democracy structures, procedures and manpower of administration
Authors Prof. Dr. Ulrich Karpen
AbstractAuthor's information

    “Good Governance” is a term used worldwide to measure, analyse and compare, mainly quantitatively and qualitatively, but not exclusively, public governments, for the purpose of qualifying them for international developmental aid, for improving government and administration domestically, etc.
    In Section A the use of the key term is explained more thoroughly; Section B lists goals and effects of governance from the international, supranational (European) and national perspective; Section C contains guidelines for governance as vested in constitution and law and Section D describes the main instruments and tools to work on better governance.


Prof. Dr. Ulrich Karpen
Prof. Dr. Ulrich Karpen, Faculty of Law, University of Hamburg.

Wim Voermans
Prof. dr. Wim Voermans is professor of Constitutional Law and Administrative Law at Leiden University. He is the president of the Dutch Association for Legislation and the vice-president of the European Association for Legislation. He wishes to thank dr. A.C.M. Meuwese, Marie Curie fellow of Antwerp University, Henk Griffioen, PhD-student at Leiden University and the two anonymous reviewers invited by Erasmus Law Review for their very valuable and valued comments to earlier drafts of this contribution. This paper reports on the results of the Meijers Institute research programme Securing the Rule of Law in a World of MultiLevel Jurisdiction — sub programme Trias Europea, Leiden Law Faculty the Netherlands. In celebration of the birth of Katja Lawson.
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