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Administrative Law and Competition: How Administrative Law Protects the Market? Leviathan as an Ordinary Market Player in Europe?

09/2013 Thomas Perroud

In most Western countries liberalism meant that administrative law provided a remedy against public action that would breach the principle of the freedom of trade. But in doing so freedom of trade was a freedom among others, it had no specificity in administrative law. It was … [Read more...]

Attachments

  • Perroud

‘Down the Rabbit Hole’: The Projection of the Public/Private Distinction Beyond the State

08/2013 Lorenzo Casini

This paper deals with two of the greatest “dualisms” present in contemporary legal systems: the distinction between international law and domestic law on one hand, and the distinction between public law and private law on the other. The evolution of these two great … [Read more...]

Attachments

  • Casini

Equilibrium, Demoi-cracy, and Delegation: On the ‘Administrative, not Constitutional’ Legitimacy of European Integration

07/2013 Peter L. Lindseth

To argue, as this contribution does, that European integration enjoys an “administrative, not constitutional” legitimacy is to take a position in obvious tension with the deeply-rooted conceptual framework—what we might call the “constitutional, not … [Read more...]

Attachments

  • Lindseth

Nudging Legally On the Checks and Balances of Behavioural Regulation

06/2013 Alberto Alemanno and Alessandro Spina

As behavioural sciences are unearthing the complex cognitive framework in which people make decisions, policymakers seem increasingly ready to design behaviourally-informed regulations to induce behaviour change in the interests of the individual and society. After discussing … [Read more...]

Attachments

  • AlemannoandSpina

Transnational Legal Approaches to Administrative Law: Conceptualizing Public Contracts in Globalization

05/2013 Stephan W. Schill

The advent of multipolar administrative law poses challenges to the theory of administrative law. These consist in the growing disconnect between administrative law and the nation-state and the continuously close interaction, and at times fusion, of domestic and international … [Read more...]

Attachments

  • Schill

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