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The Doctrine of Union Preemption in the EU Single Market: Between Sein and Sollen

December 9, 2014 jmp

The introduction of a competence catalogue in the TFEU by the Treaty of Lisbon eliminated the overlap between the preclusion of national lawmaking powers attributable to the exclusive character of EU competences and that stemming from the enactment of EU legislation, thus opening … [Read more...]

International Law, Domestic Political Orders, and the ‘Democratic Imperative’: Has Democracy Finally Emerged as a Global Legal Entitlement?

December 9, 2014 jmp

After the end of the Cold War, democratic transitions in many parts of the world, a significant increase in the number of signatories to global and regional human rights instruments containing participatory rights, and a growing interest in ‘free and fair’ elections … [Read more...]

From Expert Administration to Accountability Network: A New Paradigm for Comparative Administrative Law

December 9, 2014 jmp

Notwithstanding recent scholarly interest in comparative administrative law, the categories and concepts that structure comparisons and that facilitate communication among different legal systems have not changed much since the late 1800s. They are rooted in confidence in expert … [Read more...]

The EU in the Negotiation of the UN Disability Convention

December 9, 2014 jmp

The UN Convention on the Rights of Persons with Disabilities (CRPD) is a novel and ambitious human rights treaty which entered into force in 2008. This article focuses on two features of particular relevance to the European Union. The first is its strikingly … [Read more...]

Could – and should – English win the “language war” in regional integration? NAFTA and EU experience

December 9, 2014 jmp

Whereas the linguistic governance of the European Union and its institutions is the object of a heated political debate, there is no such problem yet in North America. This disregard for a “linguistic balance of power” is likely to be temporary. In the case of a … [Read more...]

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