Results 31 to 40 of about 8,228 (141)
From critical theory to litigation strategy: Can intersectionality transform EU equality law?
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?
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
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
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
Fundamental Rights in the European Community Legal Order [PDF]
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
Lisbon and access to justice for environmental NGOs: A watershed? A case study using the setting of the Total Allowable Catches under the Common Fisheries Policy [PDF]
Before the Lisbon Treaty, environmental non-governmental organisations could rarely or not satisfy the admissibility test to gain access to the European courts.
Herman, C.
core +1 more source
Annulment proceedings and multilevel judicial conflict [PDF]
This open access book provides an exhaustive picture of the role that annulment conflicts play in the EU multilevel system. Based on a rich dataset of annulment actions since the 1960s and a number of in-depth case studies, it explores the political ...
Adam, Christian +3 more
core +1 more source
A Spoonful of Sugar: Deference at the Court of Justice
Abstract This article analyses the European Court of Justice's strategic use of deference as a resilience technique in the preliminary reference procedure. It focuses on the strategic potential of using deference in two scenarios: first, when the Court uses teleological interpretation or expands the scope of the EU legal order and, second, when it ...
Lucía López Zurita, Stein Arne Brekke
wiley +1 more source
Abstract In this article, the author examines with a specific focus on the insolvency practitioner to what extent the Recast European Insolvency Regulation's provisions on communication, cooperation and coordination between the main actors in group companies' insolvency proceedings allow for efficient restructurings of those group companies.
Sid Pepels
wiley +1 more source
The EC REACH Regulation and contractual supply obligations [PDF]
REACH, as an EC legislative instrument in the form of a community regulation, is directly applicable in the national domestic laws of each of the 30 states in the European Economic Area (EEA).
Harris, BE
core

