A Smithian Political Economy Approach for the Competition Law of the 21st Century
This study aims to show how a Smithian political economy approach could assist competition law in addressing the challenges of the 21st‐century economy. We revisit Smith's Wealth of Nations to provide a more nuanced understanding of his views, contrasting them with the prevailing libertarian interpretation called here ‘Chicago Smith’.
Stavros Makris
wiley +1 more source
The future of the Eurozone and the role of the German Constitutional Court. Research Papers in Law, 05/2012 [PDF]
[Introduction.] Necessary reforms towards a deepened and increased European shaped economic, financial and budgetary policy, paraphrased with the term “fiscal union”, could possibly reach constitutional limits.
Calliess, Christian
core
Abstract Despite the European Union's strong commitment to transparent and participatory governance, the preparation of its position for international climate negotiations is not particularly transparent or open to civil society participation. The situation could be said to reflect a broader paradigm of secrecy in EU policy‐ and law‐making.
Tuula Honkonen
wiley +1 more source
Against the veto solution in cross‐border avoidance law
Abstract UNCITRAL is striving to determine the law applicable to cross‐border insolvency avoidances. In principle, this should be the lex fori concursus. However, both Regulation (EU) 2015/848 and the laws of some European countries adopt a combination of lex fori concursus and lex causae called the ‘veto solution’.
Renato Mangano
wiley +1 more source
The European Union's Global Health Actorness: A Research Agenda for a New Age of Pandemics
Abstract Whilst the European Union's (EU's) response to health emergencies has historically been subpar, some suggest that it emerged from COVID‐19 as a stronger global health actor. This prompts two interrelated questions: how have International Relations scholars conceptualised and assessed EU ‘actorness’ in the all‐too‐often neglected field of ...
Óscar Fernández
wiley +1 more source
The Preliminary Ruling Procedure, Today: Revisiting Article 267 TFEU’s Constitutional Backbone [PDF]
As the title of the Special Issue suggests, its main purpose is to shed new light on the content, scope, extent, and limits of Article 267 TFEU in today’s Union and, in turn, on the nature of this procedure and the European Court of Justice (ECJ)’s role ...
Cecchetti, Lorenzo +3 more
core
Defining and Operationalising Defiant Non‐Compliance in the EU: The Rule of Law Case
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
Constitutional developments since the Lisbon Treaty in the area of freedom, security and justice at supranational and national level [PDF]
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
Deposit return schemes of EU Member States and the EU's internal market
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
Translating policy harmonization into practice—The case of the EU Blue Card Directive
Abstract This study introduces a translation perspective to analyze the policy harmonization process, highlighting imitation, brokering, and editing in shaping policy dynamics at EU and national levels. The translation perspective emphasizes that while policy development is ongoing, the protracted process signals a shift in EU‐wide coordination of ...
Almina Bešić +2 more
wiley +1 more source

