Results 31 to 40 of about 6,963 (137)

Constitutional developments since the Lisbon Treaty in the area of freedom, security and justice at supranational and national level [PDF]

open access: yes, 2011
In order to evaluate the constitutional developments in the area of freedom, security and justice (AFSJ) of the Lisbon Treaty, this article begins with a tour d'horizon of the new provisions in the field of AFSJ.
Kellermann, Alfred E.
core  

Defining and Operationalising Defiant Non‐Compliance in the EU: The Rule of Law Case

open access: yesJCMS: Journal of Common Market Studies, Volume 63, Issue 3, Page 964-986, May 2025.
Abstract Existing literature often attributes non‐compliance to either a lack of resources or implementation costs. However, the rule of law crises in Hungary and Poland present a different picture: a deliberate strategy aimed at not complying with EU enforcement actions.
Carlos Closa, Gisela Hernández
wiley   +1 more source

EU Accession to the ECHR:Implications for the Judicial Review in Strasbourg [PDF]

open access: yes, 2010
The accession of the European Union to the ECHR raises fundamental questions surrounding the protection of individual rights in the Strasbourg court and the autonomy of EU law.
Lock, Tobias
core  

Deposit return schemes of EU Member States and the EU's internal market

open access: yesReview of European, Comparative &International Environmental Law, Volume 34, Issue 1, Page 101-108, April 2025.
Abstract Deposit return (DR) schemes on drinks containers have long been in place in certain EU Member States. Consumers are charged a deposit per container at the point of purchase, which they can later get back when they return the container after consuming its contents.
Graham Butler
wiley   +1 more source

From critical theory to litigation strategy: Can intersectionality transform EU equality law?

open access: yesEuropean Law Journal, Volume 31, Issue 1-2, Page 22-41, February-June 2025.
Abstract While legal scholarship has consistently lamented the lack of recognition of intersectional discrimination in courts, the question of whether intersectionality features in lawyers' litigation strategies remains in a blind spot. Although a growing body of interdisciplinary scholarship probes how legal mobilisation shapes the construction of EU ...
Raphaële Xenidis
wiley   +1 more source

Has the UK Supreme Court Become More Restrained in Public Law Cases?

open access: yesThe Modern Law Review, Volume 87, Issue 5, Page 1073-1110, September 2024.
In recent years, a number of academics, judges and politicians have noted that the UK Supreme Court has adopted a more restrained approach when it comes to public law than it had done previously. This article assesses the quantitative and qualitative evidence for this apparent conservative turn.
Lewis Graham
wiley   +1 more source

Fundamental Rights in the European Community Legal Order [PDF]

open access: yes, 2008
The role of the courts in the protection of human rights in any legal system is a constitutionally sensitive one. The observance and protection of such rights articulate with many aspects of the exercise of governmental and legislative power.
Murray, John L.
core   +1 more source

Priority Setting as the Blind Spot of Administrative Law Enforcement: A Theoretical, Conceptual, and Empirical Study of Competition Authorities in Europe

open access: yesThe Modern Law Review, Volume 87, Issue 5, Page 1209-1257, September 2024.
Priority setting by independent regulatory agencies (IRAs) is an invisible, yet essential, component of regulatory law enforcement. The selection of which cases to enforce and which to disregard is vital given IRAs’ finite resources, and due to the function of concretising open‐ended administrative norms.
Or Brook, Katalin J. Cseres
wiley   +1 more source

The European Union and the re‐establishment of democratic authority

open access: yesEuropean Law Journal, Volume 30, Issue 3, Page 329-348, September 2024.
Abstract The European Union is blighted by a style of governance, EU police, which holds that the Union better balances different interests and values than other arenas but which is, in practice, distorted by anti‐redistribution and status quo biases. To combat it, this article proposes a principle of European democratic authority that would found EU ...
Damian Chalmers
wiley   +1 more source

La chiusura del dialogo “giudice a giudice” come extrema ratio nella sentenza L.G. c Krajowa Rada Sadownictwa

open access: yesEuropean Papers
(Series Information) European Papers - A Journal on Law and Integration, 2024 9(1), 275-286 | European Forum Insight of 15 July 2024 | (Table of Contents) I. Introduzione. - II.
Miriana Lanotte
doaj   +1 more source

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