The fundamental freedoms of the EC Treaty prohibit tax discrimination—harsher tax treatment of cross-border economic activities than purely internal activities. Critics of the ECJ argue that the Court’s broad interpretation of the EC freedoms causes it to find tax discrimination … [Read more...]
Processing Data on Racial or Ethnic Origin for Antidiscrimination Policies: How to Reconcile the Promotion of Equality with the Right to Privacy
The fight against discrimination has now become a major concern of the European Community. In this context, one issue has come to the forefront: that of the processing of data related to the forbidden grounds of discrimination, in particular racial or ethnic origin. Indeed, the … [Read more...]
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The Coherence of the European Union as an International Actor: Facing the Challenge of Immigration and Asylum
The incoherence into which the European Union falls in particular areas might be conceived as weaknesses, which put into question the very conception of the European Union as a civilian power (or “soft power”) and cast some doubts about the new logic that would … [Read more...]
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New Governance fatigue? Administration and democracy in the European Union
I first examine new governance as the compound of multilevel and network governance. I structure its main claims around the principles of partnership and flexibility, which serve to demote the notions of stateness, publicity, legalism, and hierarchy. I use the Open Method of … [Read more...]
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A Theory of WTO Law
The creation of the World Trade Organization in 1994 with its streamlined and highly automatic system of dispute settlement has left open the question of whether we can identify a theory of its legal system. This article posits the idea that such a theory can be discerned if we … [Read more...]