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Horizontal effect of fundamental rights and freedoms – much ado about nothing? German, Polish and EU theories compared after Viking Line

11/2009 Joanna Krzeminska-Vamvaka

The paper examines the theory of horizontal effect of fundamental rights and freedoms, known also as Drittwirkung. It introduces relevant doctrines in Germany and Poland in order to then focus on the EU theory shaped in the case law of the European Court of Justice, most notably … [Read more...]

Attachments

  • 091101

The Law of Holocaust Denial in Europe: Towards a (qualified) EU-wide Criminal Prohibition

10/2009 Laurent Pech

A majority of EU countries have long considered that the right to freedom of expression precludes the criminalization of Holocaust denial per se. The full implementation of the 2008 EU Framework Decision on combating certain forms and expressions of racism and xenophobia by means … [Read more...]

Attachments

  • 091001

The First Substantive ECJ Judgment on the Racial Equality Directive: A Strong Message in a Conceptually Flawed and Responsively Weak Bottle

09/2009 Kristin Henrard

The aim of this article is to demonstrate, through close reading of the first judgment containing a substantive reasoning on the Racial Equality Directive, that in several respects the ECJ in its preliminary ruling does not provide the national court with a useful answer, as it … [Read more...]

Attachments

  • 090901

“’Lost in Translation’? Towards a Theory of Economic Transplants”

08/2009 Ioannis Lianos

The rise of economics as one of the main (some will advance the most important) “source” of competition law discourse is well documented. This study focuses on a facet of the integration of economic analysis in competition law: "economic transplants". The … [Read more...]

Attachments

  • 090801

Company’s Cross-border Transfer of Seat in the EU after Cartesio

07/2009 António Frada de Sousa

This paper analyses the present state of affairs of companies’ cross-border mobility in the EU after the ECJ’s judgment in Cartesio. This judgment is subject to an in-depth critical examination in light of the preceding case-law of the Court on companies’ … [Read more...]

Attachments

  • 090701

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