Between “institutionalizing reason” and private law. A comparative map of influences

This discerning book explores the concept of human and fundamental rights, originating from the seminal work by the German legal scholar and constitutional lawyer Robert Alexy. Recognising the growing challenges to the idea of the universality of Human Rights, expert scholars consider time-independent conceptual questions which inevitably lie at the heart of any contemporary human rights discourse: What is the justification of balancing and/or trading off fundamental rights against other rights and collective goods? And are there utilitarian considerations that can limit the normative force of human rights

Contract through Integration: The impact of the EC directive on unfair terms on national regimes of law of contract

Defence date: 4 May 1998Supervisor: C. Joerges ; Jury member: M.-J. CampanaPDF of thesis uploaded from the Library digitised archive of EUI PhD theses completed between 2013 and 201

Europe and “Crisis”. Part I – Introduction

The Articles that form part of this Special Section propose four readings of "crisis" across various problem areas in European Union law and governance (financial and debt, migration, nationalism and populism) towards possible ways of crisis resolution. As guest editor of this Special Section (in two parts), I read the invited Special Section Articles through the following argument that I sketch in this introductory essay – no institutional resolution of the crisis problématique will be possible nor credible until certain deep issues regarding the role of law in crisis, as identified and discussed in this Special Section, are seriously and openly addressed

Conforming Interpretation

It is still assumed in scholarship that ‘contra legem’ characterizes the Court of Justice of the European Union case law on conforming interpretation. This article argues, through a new reading of the relevant CJEU jurisprudence, that the case law on conforming interpretation has been taking a new direction away from ‘contra legem’. A critique of the new jurisprudence is then proposed through pointing to two unrenounceable virtues of the ‘contra legem’ requirement – towards making scholarship aware of the urgent need to take seriously, and critically face, the new jurisprudence

Europe and “Crisis”: Part I

Abstract: The Articles that form part of this Special Section propose four readings of "crisis" across various problem areas in European Union law and governance (financial and debt, migration, nationalism and populism) towards possible ways of crisis resolution. As guest editor of this Special Section (in two parts), I read the invited Special Section Articles through the following argument that I sketch in this introductory essay – no institutional resolution of the crisis problématique will be possible nor credible until certain deep issues regarding the role of law in crisis, as identified and discussed in this Special Section, are seriously and openly addressed

The New Transformation of Europe. Arcana Imperii

The European Union is undergoing a structural transformation—a regression from integration through law as an anti-hegemonic project of equal membership to a condition in which member state orders, under a transformed European Union law, gravitate around unequal relations of subordination. Alongside the surveillance mechanisms that constrain the member states to conform to the requirements of the Economic and Monetary Union are private law arrangements (the “memoranda of understanding” qua “contracts”) that equally, and with greater force, produce subordination. Adopting a critical comparative-historical approach, this Article delves into Europe’s collective legal memory, and the past of colonial relations, to make intelligible the deployment of the memoranda contracts whose harsh terms have been dramatically changing the condition of the “debtor countries” for the worse; in the arcana of private law lies the truth about the changing condition of sovereign power in contemporary Europe and about the potential to change direction and counter the “jurisdomination” turn

The Quest for Rights

This discerning book explores the concept of human and fundamental rights, originating from the seminal work by the German legal scholar and constitutional lawyer Robert Alexy. Recognising the growing challenges to the idea of the universality of Human Rights, expert scholars consider time-independent conceptual questions which inevitably lie at the heart of any contemporary human rights discourse: What is the justification of balancing and/or trading off fundamental rights against other rights and collective goods? And are there utilitarian considerations that can limit the normative force of human rights

The Structural Transformation of European Private Law. A Critique of Juridical Hermeneutics

European Private Law Structural Transformation Juridical Hermeneutic

Introduction

Introducing to the chapters; 'rights', theories