Although this paper is entitled “The Transformation of International Law”, it does not put forward any general thesis about the great changes that have occurred in recent years in this discipline. It seeks to make a critical reflection on the current … [Read more...]
Horizontal effect of fundamental rights and freedoms – much ado about nothing? German, Polish and EU theories compared after Viking Line
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...]
The Law of Holocaust Denial in Europe: Towards a (qualified) EU-wide Criminal Prohibition
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...]
The First Substantive ECJ Judgment on the Racial Equality Directive: A Strong Message in a Conceptually Flawed and Responsively Weak Bottle
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...]
“’Lost in Translation’? Towards a Theory of Economic Transplants”
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...]
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