Search results for "050502 law"
showing 10 items of 25 documents
Democratic Principles and the Economic Branch of the European Monetary Union
2017
L'articolo si propone di indagare sul valore che i vari principi democratici enunciati nel TUE hanno nello specifico settore dell'UEM, in particolare nel pilastro della politica economica, dopo l'entrata in vigore delle riforme contenute nel Six pack e nel successivo Two Pack. Il lavoro intende in particolare rispondere a tre domande: A) le regole contenute nel six pack e nel two pack in tema di controllo democratico sono espressione di un preciso modello di controllo democratico sulle scelte di politica economica nell'ambito dell'UEM? B) E' un simile modello compatibile con i principi democratici del TUE? C) I principi democratici non rappresentativi possono compensare il minor peso che vi…
Screening of Foreign Direct Investment and the States’ Security Interests in Light of the OECD, UNCTAD and Other International Guidelines
2021
AbstractThis chapter analyses the concept of the “national security interest”, which is widely recognised as allowing a state to determine which areas of its economy are restricted or prohibited to foreign investors. This chapter seeks to identify what constitutes a threat for a state and how that threat is managed both domestically and internationally. Despite the recognition of a state’s right to take measures it considers essential to its security, there are limits. The rules established by the Organisation for Economic Co-operation and Development (OECD) and the United Nations Conference on Trade and Development (UNCTAD) and other international instruments are non-binding but can serve …
From ‘polluter pays’ to ‘polluter does not pollute’
2016
Abstract Non-binding agreements, minor sanctions in the form of payment obligations and shaming have been the usual policy responses against environmental harms. In addition to this, many existing pieces of legislation on international environmental law and governance are based on good intent and voluntary agreement and they have proven to be limited or ineffective. This article argues that, at the current state of the climate crisis, there is no more room for negotiations and proposals which lead to false solutions. Acknowledging that, legal solutions to environmental problems require new formulations which incorporate a different understanding of nature and its non-human inhabitants; this…
Does Patriotic Vigilance Make Any Sense in the Transnational Arena? A Cosmopolitan Alternative to the Globalization Paradox
2017
We address the issue of the relevance in the transnational arena of the concept of patriotic vigilance, as expressed by French Minister Arnaud Montebourg in 2014. Firstly, we examine the globalization paradox with its underpinnings in the literature and its illustration through the recent Alstom saga. Secondly, we review the idea of a paradigm shift in world monetary affairs signaled by the recent crisis. Finally, drawing on Kant’s ideas on cosmopolitism, we sketch out an alternative to the globalization paradox.
The Theory of Forms Without Substance a Romanian Legal Transplant Theory Ahead of its Time
2020
Abstract Comparative law and legal history show us that law is dynamic, always in continuous development, change, or mutation. This dynamic dimension has become a central concern for the comparative law scholars. The circulation of legal models in the world (e.g. legal transplant, legal transfer, legal borrowing, legal migration) is an evergreen issue. This phenomenon has provoked numerous doctrinal disputes, which have been encapsulated in complex theories on its possibilities and impossibilities. In the present article, we will not explore the many modern theories regarding legal transplantation (or under other metaphors). Instead, we will go back in time, in the second half of the ninete…
Professionalization as Status Adaptation: The Nobility, the Bureaucracy, and the Modernization of the Legal Profession in Finland
1991
In contrast to Anglo-American lines of professional development, the central agent of professionalization in many Continental countries was the state bureaucracy. However, this article proposes that an understanding of the class structure of traditional society is also needed to explain the privileged position of lawyers. An historical study of lawyers in the 19th century, after Finland was annexed by Russia, demonstrates that the legal profession provided the nobility an important medium of adaptation to the new society. The importance of the legal profession initially to the state bureaucracy, and subsequently to the nobility, explains its social prominence and its future development. An …
Deep Interpretive Disagreements and Theory of Legal Interpretation
2016
This paper deals with deep interpretive disagreements (DID): very profound divergences that may occur in legal interpretation (on single cases, or on similar cases) among judges and jurists. These divergences involve alternative interpretations of certain expressions or phrases (for instance, “human person”, “dignity”, “personal autonomy”, “life”, “health”) and may lead, under certain conditions, to incompatible interpretations of the legal sentences that incorporate these expressions. The most important examples of this kind of legal sentences are constitutional provisions that express principles asserting legal rights. The main thesis of this paper is that DID represent genuine, faultless…
The Crisis of Free Movement in the European Union
2017
L’articolo argomenta che la costruzione istituzionale del processo di integrazione dell’Unione europea ha promosso la libera circolazione, producendo pero un effetto boomerang a causa delle dinamiche meccanicistiche che la caratterizzano. La reazione contro la liberta di movimento si manifesta nella riduzione dei diritti sociali riconosciuti ai cittadini , che a sua volta produce un incremento della precarieta dei migranti interni. Considerato l’elevato numero di cittadini UE mobili, limitare il loro accesso alla cittadinanza significa creare una vasta sottoclasse, poiche gli individui possono muoversi da un posto all’altro per lavorare, ma hanno un accesso differenziato ai diritti sociali …
A Just Criminalization of Irregular Immigration: Is It Possible?
2015
The aim of this paper is to question, from the perspective of a principled theory of criminalization, the legitimacy of making irregular immigration (IM) a crime. In order to do this, I identify three main ways in which the political decision to introduce a crime of IM may be defended: according to the first, IM is a malum in se the wrongness of which resides in its being a violation of states’ territorial sovereignty; according to the second, IM is a justified malum prohibitum the wrongness of which resides in its being a violation of a justified immigration regulation; according to the third, IM is a malum in se the wrongness of which resides in its harmful consequences for receiving stat…
The micro-politics of parliamentary powers : European parliament strategies for expanding its influence in the EU institutional system
2018
The European Parliament (EP) has gained considerable new powers since it was first established in 1952. Why has this happened, and how should the powers the EP possesses be assessed? This article suggests a novel approach that focuses on inter-institutional micropolitics and the processes in which the EP obtained its powers rather than treaty changes at IGCs. Interinstitutional micropolitics are carried out by institutions and their members who act politically and shape the EU’s system from within. The EP’s successes in interinstitutional micropolitics are shaped by (1) its existing powers that need to be assessed in their differentiation; (2) the interparliamentary setting and the power co…