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Dissertations / Theses on the topic 'European Union – Law and legislation'
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Shi, Feng. "Principles of European Union water law." Thesis, University of Macau, 2007. http://umaclib3.umac.mo/record=b1944040.
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D'ANDREA, Sabrina. "Fluctuating conceptions of gender equality in EU law : a conceptual, legal and political analysis of EU policy, law and case law concerning work and care (1980-2020)." Doctoral thesis, European University Institute, 2021. https://hdl.handle.net/1814/70998.
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Defence date: 27 April 2021Examining Board: Professor Claire Kilpatrick (European University Institute); Professor Ruth Rubio Marín (Universidad de Sevilla); Professor Sophie Robin-Olivie (Paris 1 Panthéon-Sorbonne); Professor Annick Masselot (University of Canterbury)
Gender equality is a complex and debated concept; feminist scholarship and legal philosophy still struggle to define this notion. The EU context is no exception, as within the European project and literature, conceptions of gender equality have fluctuated. Existing literature has only given limited accounts of the different meanings of gender equality and has failed to identify the variables and reasons for this fluctuation in EU policy and case-law. In order to fill this gap, the present thesis takes onboard the challenge to uncover how the meaning of gender equality has shifted in the EU, across time, policy field and institutions. It starts by developing a theoretical frame which distinguishes between the possible aims of gender equality policy and the legal strategies employed by gender equality policy. It then applies this frame to four decades of EU policy regarding work and care, from 1980 to 2020, and questions to which extent these different gender equality conceptions and strategies have served the aim of women’s emancipation, assessing their effect on the gendered division of care and on the provision of social protection. The thesis shows that the main variable of fluctuation of gender equality conceptions has been the policy issue at stake: while the EU has employed formal equality in certain areas of law, it has been more prone to allow for substantive strategies for equality in others, depending on political priorities and opportunities. The conclusion explains these findings and reflects on the political conveniences of gender equality conceptions. It makes a theoretical, political and normative contribution to existing literature and debates concerning gender equality in the EU and gives directions for future gender equality policy.
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Chan, Tsz-ki, and 陳紫琪. "Evaluation of the drug regulatory systems in Hong Kong, Singapore, Taiwan, United States and European Union." Thesis, The University of Hong Kong (Pokfulam, Hong Kong), 2013. http://hub.hku.hk/bib/B50561583.
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Background:
Drugs have become an essential necessity in public health, people and the government has become willingly to spend more money on the country’s healthcare system to restore health, save lives, preventing disease and epidemics. Drugs should be properly regulated throughout development, production, importation and subsequent distribution to ensure it is prescribed with safe, effective and of good quality standards. The structure of drug regulations today has evolved over time. During the process, the scope of legislative and regulatory power expanded in result of a series of disastrous events related to pharmaceutical products, the adoption of more restrictive legislative were put in place for stronger safeguard to the public.
In comparison to Singapore, Taiwan, US and EU where the drug regulatory system is highly structured, flexible and innovative, Hong Kong (HK) has a relatively simple and stubborn drug regulatory system and drug approval is greatly dependent on the approval status of the advance countries. According to the current registration system in HK, a new drug usually takes about 18-24 months to obtain an approval, and this figure is far behind the standard of Singapore in which medicine could be registered in 60 days. It is vital to have speedy approval process with high standards in safety, efficacy and quality on all approved drugs. If drugs are approved in a rush manner, it will lead to serious adverse drug reactions (ADR), or even deaths in consumption of unsafe, and ineffective drugs. On the other hand, slow approval will make patients suffer and increase the mortality rate to due inaccessibility of appropriate medicines to sustain life and combat diseases.
With reference to the initiatives and innovative regulatory frameworks in the abovementioned countries, the modification of the local drug regulatory system is strongly recommended.
Aim:
1. To examine the regulatory frameworks between Singapore, Taiwan, US and EU which affect the evaluation timeline required for new drugs approval.
2. As the first study to examine the drug regulations in HK, the regulatory barriers for new drugs submission will be explored and whether the regulatory initiatives from the abovementioned countries may result in an improvement in the overall drug regulation system HK.
Method: This dissertation is a literature review and it will employ concentration in the drug regulation systems in Singapore, Taiwan, US and EU with varying levels of pharmaceutical regulation capacities. Search engines including Google, MedLine, PubMed (database up to 2012) with key words search of “Department of Health (DoH), Food and Drug Administration (FDA), European Union (EU), Taiwan FDA, Health Sciences Authority, evaluation routes, drug registration requirement, review timeline, Centre for Drug Evaluation, Pharmaceutical Evaluation Reports, risk management systems, pharmacovigilance, drug legislation”.
Results: With an in-depth evaluation of the HK’s guideline and supporting document required for new drug submission, it is highly recommended that unnecessary documents at new drug submission (NDA) should be elimination to facilitate the new drugs approval process. The regulatory frameworks between all studied countries vary significantly in which implementation of initiatives (e.g. multiple evaluation routes, in-house evaluation system) from individual country affects the standards of new drugs approval and the evaluation timeline required to grant approvals.
Conclusion: The regulatory frameworks in HK shall be revised with reference to numerous initiatives developed in the regulatory systems in Singapore, Taiwan, Us and EU. The possible key regulatory barriers which leads to the delays in new drugs approvals in HK includes duplication of certificates, limited number of Pharmacy and Poison Board meetings, the requirement of endorsement of new drugs approvals at the legislative council , absence of in-house evaluation system which allows full assessment of submission dossier, deficiency of clinical trials with the inclusion of local population, absence of electronic submission, multiple evaluation routes and rigorous post-marketing pharmacovigilance monitoring system. If the Department of Health (DoH) in Hong Kong could scrutinize the current regulatory frameworks with referenced to these countries, it will improve the overall drug regulatory system and reduce drug lag due to unnecessary barriers.published_or_final_version
Public Health
Master
Master of Public Health
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Li, Lei. "Community interest in the European antidumping law." Thesis, University of Macau, 2006. http://umaclib3.umac.mo/record=b1637074.
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Wang, Xi. "Importance of community interest in EU anti-dumping legislation and practice :lesson for China." Thesis, University of Macau, 2016. http://umaclib3.umac.mo/record=b3525639.
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SCHWADERER, Melanie Ariane. "Resale price maintenance in consumer good markets : an economic justification for the prohibition of RPM." Doctoral thesis, European University Institute, 2019. https://hdl.handle.net/1814/62545.
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Defence date: 27 February 2019Examining Board: Prof. Dr. Heike Schweitzer, LL.M. (Yale), Humboldt-Universität zu Berlin; Prof. Giorgio Monti, European University Institute; Prof. Dr. Rupprecht Podszun, Heinrich-Heine-Universität Düsseldorf; Prof. Lorenzo Federico Pace, Università degli studi del Molise
The thesis contributes to the debate on the EU’s approach to the business practice of resale price maintenance (RPM), which is widely criticized as too strict and in conflict with what is considered to be the consensus in the economic literature. The thesis critically dissects the economic consensus, on which the critique against the EU’s approach is based, by analyzing the empirical evidence that is cited to support the claim that RPM can frequently be explained by the service-based RPM models and shows that there is no convincing evidence that would support the significance of these positive RPM models that predict positive effects on welfare. To support this finding the thesis collects new evidence by surveying the marketing literature and shows that not only is there no convincing evidence that the positive RPM models frequently apply, but to the contrary there is evidence that these models are inconsistent with the real world phenomenon of RPM. Having refuted the service-based models the thesis takes up the scientific challenge that “it takes a theory to beat a theory” and proposes to fill the gap with three price-based models. The thesis offers an analysis of the three price-based RPM models, first from the perspective of welfare effects and then from a broader economic perspective in an attempt to ultimately show that the EU approach to RPM can be justified based on these economic models. All three models explain the situation in which RPM is used by a branded good manufacturer to create the perception of high quality, which is used either as a credible quality signal, becomes a component of the product or is used to bias the consumer decision; they thus enter the difficult terrain of consumer preference formation and of markets for the intangible components of a product.
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Petri, Hedwig. "A crime without punishment : policy advocacy for European Union Health and Safety legislation on harassment at work." Thesis, Middlesex University, 2001. http://eprints.mdx.ac.uk/6244/.
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The study is concerned about employers' liability to protect the mental welfare of employees alongside their physical health. The need for protection is demonstrated in several ways. Firstly, the introduction examines the statistical evidence of harassment in the workplace and its effect on its victims. Secondly, data was collected from nine participants who had taken their employer to court claiming that they had been bullied out of their jobs. These documents which were supplemented in some cases by personal statements, were analysed using the Glaser and Strauss Grounded Theory method tempered with Case Study method. Ethical issues coming to the fore during data collection supplied additional material for a chapter which eflects on problems researchers will encounter when working with vulnerable research participants. Analysis showed the importance of social support for victims and implicated the role the trade unions, the medical and legal professions plays in secondary victimisation for victims of workplace bullying. A review of existing legislation was conducted to determine if internal voluntary guidelines or new legislation would give best protection. Employer-led bullying was identified as the form on which internal guidelines have no impact. Workplace bullying was always found to be morally wrong and the issue of what is legally right but not morally right was discussed. The findings emerging from the analysis together with recommendation to place protection of harassment at work within Health and Safety policies was presented to opinion makers to gauge the level of interest in the investigator's recommendation that European Union Health and Safety officials should take the lead in advancing legislative change outlawing workplace harassment.
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Petroiu, Marius. "Forms of trade secret protection : a comparative analysis of the United States, Canada, the European Union and Romania." Thesis, McGill University, 2005. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=99150.
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This thesis is as an attempt to overview the forms of trade secret protection presently in place in the United States, Canada, the European Union and Romania. These jurisdictions were selected because they present a diversity of legal background and a variety of forms of trade secret protection.The introductory chapter deals with the historical and economic backgrounds of the trade secret protection. An overview of trade secret protection at international scale is also provided. The thesis compares the forms of trade secret protection available in each jurisdiction. Based on the survey, the thesis comes to an answer of the question of "What is the most appropriate form of trade secrets protection?".
The final chapter provides a number of conclusions and recommendations.
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Hsu, Selene M. "Evaluating U.S. and E.U. Competition and Supremacy Legislation." Scholarship @ Claremont, 2015. http://scholarship.claremont.edu/scripps_theses/583.
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How did EU and US legislation go from initially appearing to be the same, if not mirroring each other, to differing significantly in their execution of competition legislation goals? Why did the US take a more authoritative tone in enforcing interstate competition legislation? And if the EU is so inclined to mimic US policies 50 years ago, why didn’t their competition enforcement take the same form today? I hypothesize that the US and EU’s legislative history with regulating governmental supremacy is part of the clue to answering for these differences.
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RODRIGUES, DE OLIVEIRA Ricardo Filipe. "Hello. It’s me. : the invisible journey and uncertain validity of passenger name records." Doctoral thesis, European University Institute, 2021. https://hdl.handle.net/1814/73101.
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Defence Date: 22/11/2021; Examining Board: Prof. Albertina Albors-Llorens (Cambridge University);Prof. Deirdre Curtin (European University Institute);Prof. Valsamis Mitsilegas (Queen Mary University of London);Prof. Joanne Scott (European University Institute)With the approval of Directive (EU) 2016/681 on the use of Passenger Name Records (PNR), the personal information provided to carriers by air passengers crossing European Union (EU) borders is available for mining by national law enforcement, third countries, and Europol. This is in line with other pre-emptive security policies, but it goes further in generalizing suspicion over large numbers of EU and non-EU travelers. After years of pressure from the United States under the banner of the global war on terror, air companies are no longer between a rock and a hard place. They are now able to lawfully disclose big data gathered as part of the normal course of business. Following booking and reservation, up to 19 items of individual data must be provided to Passenger Information Units for criminal investigations and other appropriate actions. The intra-EU PNR system has managed to fly under the radar of scholars and public opinion. Most specialized literature is limited to superficial discussions on security and privacy. There is insufficient research looking at it comprehensively and in detail. This thesis explores this novel security policy in depth and questions its validity. It argues that the PNR scheme should be invalidated by the Court of Justice of the EU for two reasons. In the first place, the Union was not competent to approve a secondary law so intrusive to the national security agendas and policies of the member states. Secondly, the Directive disproportionately encroaches upon the fundamental rights of passengers. There is, as yet, no doctoral project which analyzes the EU PNR so thoroughly. This work fills a gap in scholarly writing regarding fundamental rights and creeping competences in EU law. Its novelty lies in questioning issues that have been overlooked, or insufficiently addressed, in the journey of the PNR Directive.
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GATTO, Alexandra. "The responsibility of multinational enterprises for human rights violations in European Union law." Doctoral thesis, European University Institute, 2007. http://hdl.handle.net/1814/7018.
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Defence date: 18 June 2007Examining Board: Prof. Francesco Francioni, (EUI) ; Prof. Marise Cremona, (EUI) ; Prof. Enzo Cannizzaro, (University of Macerata) ; Prof. Olivier De Schutter, (Catholic University of Louvain)
PDF of thesis uploaded from the Library digital archive of EUI PhD theses
This thesis addresses the question as to how the European Union can ensure that EU based MNEs respect human rights when operating in third countries. Firstly, it identifies primary obligations on MNEs as developed by international law in order to tackle the above question. Secondly, on the basis of this theoretical framework it investigates how the European Union has acted to promote respect of human rights obligations by MNEs which are based on the territory of one of its Member States. Thirdly, the gap between the EU’s commitment to the respect and promotion of human rights, the potential to regulate the conduct of MNEs and the EU’s reluctance to impose human rights obligations on MNEs is explored. It is suggested that current human rights law should develop in the sense of considering companies as duty holders, together with States and other non-state actors, for the realisation of human rights. Moreover, a principle of graduation of responsibility is applied to MNEs, according to the specific human right involved, the proximity to the victim and the element of State authority exercised by the company in a particular situation. The above depicted graduation of responsibility (from the obligation to respect, to the obligation to promote human rights) should be matched by a graduation of corresponding implementing mechanisms. Applying this theoretical framework to the EU, three main recommendations have been formulated. Firstly, the EU should more firmly link the promotion of MNEs’ human rights obligations to international human rights law and support the constitution of an international law framework within the UN. Secondly, the EU should promote MNEs’ human rights obligations within the limits of its competence, both at the international and at an external level. It has been argued that a proactive attitude in this respect would not require the acquisition of new powers, but simply the recognition of a functional competence on the basis of Article 6 TEU in taking positive (and not merely negative) steps for the promotion of human rights in the areas of its competence occurring in international law and the international framework for MNEs’ responsibility. Finally, the EU should not abandon the option of exploring non-binding and incentive measures, both at the international and external levels, to be encouraged as a viable complement to binding measures.
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Aho, Ida. "Cats’ nine lives : European Union legislation on the trade of endangered animals and its effects on animal welfare." Thesis, Uppsala universitet, Juridiska institutionen, 2021. http://urn.kb.se/resolve?urn=urn:nbn:se:uu:diva-450345.
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The issues raised in this thesis concern the adverse effects of EU's wildlife trade regulations, mainly the unequal treatment of captive and wild-born endangered animals. The nature of these regulations is analyzed from an animal law perspective. The purpose of the analysis is to determine whether the regulations are anthropocentric and, if so, what issues arise from it. Previous research has studied the legal personhood of animals in relation to animal welfare. This thesis continues that discussion by examining legal animal rights as a potential solution to the issues of wildlife trade. The analysis is pragmatic and employs a non-formalistic view of law. Consequentially, it uses a doctrinal and legal philosophical approach, meaning that sources outside of law are integral to the discussion. The results of the analysis show that EU’s wildlife trade regulations are anthropocentric and that this has led to severe issues regarding the welfare of endangered animals. In addition, the practical enforcement of the regulations has proven defective. Legal rights for animals seem to provide a viable solution to these issues, yet their practical implementation is complicated. The reasons for this are primarily financial and opinion-based. Therefore, a step-by-step approach, starting with limited fundamental rights and resulting in full legal personhood for animals, is recommended for this approach to be successful.
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Boissel, Dombreval Hugues. "La libéralisation des télécommunications dans l'Union européenne." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 1999. http://www.collectionscanada.ca/obj/s4/f2/dsk2/ftp03/MQ64263.pdf.
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KOSTA, Vasiliki. "Fundamental rights in internal market legislation." Doctoral thesis, 2013. http://hdl.handle.net/1814/28041.
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Defence date: 17 June 2013PDF of thesis uploaded from the Library digital archive of EUI PhD theses
Examining Board: Professor Bruno de Witte (EUI Supervisor) ; Professor Hans-Wolfgang Micklitz, European University Institute ; Professor Niamh Nic Shuibne, University of Edinburgh ; Dr. Clemens Ladenburger, European Commission.
This thesis places the debate on the relationship between fundamental rights and the internal market outside the field of negative integration (where it is usually takes place) into the field of positive integration. It examines the extent to which there is an internal market competence to deal with fundamental rights and analyses new mechanisms for fundamental rights protection outside the Courts. Against this backdrop, this thesis analyses the existing harmonisation practice in the EU through the lens of four fundamental rights: (i) data protection, (ii) freedom of expression, (iii) fundamental labour rights [the right to collective bargaining and the right to fair and just working conditions] and (iv) the right to health. The research reveals that there is a considerable amount of internal market legislation dealing with fundamental rights (even pre-existing the EU Charter of Fundamental Rights) but that most of it is not couched in fundamental rights terms. This thesis identifies the determinants, which account for the current prevalent conceptualisation and assesses the consequences of such approaches both for the substantive content of legislation and for its judicial review. The thesis provides a much more differentiated account of the EU's fundamental rights policy in and through the internal market than perhaps initially expected. It builds the case for a conscious approach to dealing with and enhancing fundamental rights protection in and through internal market legislation, and advocates a leading role for the legislator in the establishment of an internal market that is firmly based on respect for fundamental rights.
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MORAIS, LEITAO Teresa. "Civil liability for environmental damage : a comparative survey of harmonised European legislation." Doctoral thesis, 1995. http://hdl.handle.net/1814/5464.
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VITA, Viorica. "The rise of spending conditionality in the European Union." Doctoral thesis, 2018. http://hdl.handle.net/1814/60272.
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Defence date: 19 December 2018Examining Board: Prof. Claire Kilpatrick, European University Institute (Supervisor); Prof. Joanne Scott, European University Institute; Prof. Gráinne de Búrca, New York University; Prof. László Andor, Corvinus University of Budapest, Université Libre de Bruxelles
As of the 2014-2020 financial period the EU has made increasing use of its budgetary resources to advance its policy objectives at the Member States' level thorough the use of EU spending conditionality. EU spending conditionality is a requirement linked to EU funds expenditure that aims primarily to induce recipients to adopt a conduct desired by the EU and secure its financial interests. This thesis examines the novel spending conditionality tool, through the lens of four distinct theoretical frameworks, metaphorically called worlds: the conceptual world (Part I), the legal world (Part II), the constitutional world (Part III) and the institutional world (Part IV). Each theoretical framework reveals important findings regarding the conceptual roots, the legal reach, the constitutional significance and institutional realities of spending conditionality in the EU. Based on empirical EU-wide data and detailed case studies, this thesis concludes that despite its sophisticated conceptual form, thick legal setting, potentially far-reaching constitutional implications and the monumental institutional effort to render the tool effective, in practice, the policy output of EU spending conditionality has so far been limited and uncertain. In response, this thesis puts forward several recommendations that may usefully inform the effective future operation of spending conditionality within the EU legal and constitutional system.
Part II 'The Legal World' of the PhD thesis draws upon an earlier version published as an article 'Revisiting the dominant discourse on conditionality in the EU : the case of EU spending conditionality' (2017) in the journal 'Cambridge yearbook of European legal studies'
Part III 'The constitutional world' of the PhD thesis draws upon an earlier version published as EUI LAW WP 2017/16
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BANIA, Konstantina. "The role of media pluralism in the enforcement of EU competition law." Doctoral thesis, 2015. http://hdl.handle.net/1814/37779.
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Defence date: 5 November 2015Examining Board: Professor Giorgio Monti, Supervisor-European University Institute; Doctor Rachael Craufurd-Smith, University of Edinburg; Professor Michal Gal, University of Haifa; Professor Peggy Valcke, Katholieke Universiteit Leuven.
Received the The Institute of Competition Law 2016 Concurrences PhD Award.
EU Competition Law is generally believed to play a negligible role in protecting media pluralism. Three arguments are usually put forward to support this position. First, the application of EU competition law ensures market access, thereby potentially delivering an outcome that is of benefit to media pluralism, but this outcome is entirely dependent on the economic concerns the European Commission attempts to address in each individual case and hence (at best) coincidental. Second, precisely because it is driven by efficiency considerations, EU competition law is incapable of grasping the qualitative dimension of media pluralism. Third, when exercising State aid control, the Commission can (and must) play only a marginal role in the planning and implementation of aid measures aimed at promoting media pluralism. This thesis puts forward the claim that EU competition law has potential that remains unexplored by questioning the accuracy of the above three assumptions. To test this claim, it examines a number of traditional and new media markets (broadcasting, print and digital publishing, online search, and news aggregation) and competition law issues (concentrations, resale price maintenance agreements, online agencies, abuses of dominance, and State aids to public service media). The study demonstrates that if relevant assessments are conducted properly, that is, by duly taking account of the dimensions that drive competition in the media, including quality, variety and originality, and by making appropriate use of the tools provided by the applicable legal framework, EU competition law may go a long way towards safeguarding media pluralism without the need to stretch the limits of the Treaty on the Functioning of the European Union. Amidst a deregulatory trend towards the media and given that the likelihood that action with far-reaching implications under other branches of EU law is low, the normative suggestions put forward in this thesis possibly form the only realistic proposal on the contribution the EU can make to the protection of pluralism.
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FAIRCLIFFE, Sarah. "Legal protection of biotechnological inventions in the European Union." Doctoral thesis, 1995. http://hdl.handle.net/1814/5561.
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DOCZEKALSKA, Agnieszka. "All originals : fiction and reality of multilingual legal drafting in the European Union and Canada." Doctoral thesis, 2009. http://hdl.handle.net/1814/12011.
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Defence date: 23/02/2009Examining Board: Profs. Bruno De Witte (EUI); Patrick Glenn (McGill University, Montreal); Manuela Guggeis (Legal Service of the Council of the European Union, Brussels); Jacques Ziller (Supervisor, former EUI and University of Pavia)
PDF of thesis uploaded from the Library digital archive of EUI PhD theses
The phenomenon of multilingual law stems from official multilingualism, which usually requires not only that the law should be enacted in all official languages, but also that texts of a single legal instrument expressed in different official languages be treated as equally authentic. Since all authentic language versions are equal, all of them should be taken into consideration and none of them should prevail for interpretation purposes. In order to guarantee this equality, the principle of equal authenticity presumes that all authentic language versions are originals and render the same meaning. However, in practice, multilingual law is often drafted by means of translation. Hence, there is a risk that those language versions prepared by means of translation will be deemed of questionable reliability, and therefore will not be considered when a multilingual legal instrument is interpreted. Contradictions between the presumptions behind the principle of equal authenticity and practice of multilingual legislative drafting draw attention to a paradox which can and has challenged the equality between authentic language versions. The thesis provides strong evidence - through a comparative study of multilingual legislative drafting in the European Union and Canada - that legal presumptions established by the principle of equal authenticity and the practice of legal multilingualism are more congruent than may appear at first glance. In particular, the study reveals that the equality between authentic language versions results not only from legal presumptions and provisions but can also be assured in practice throughout the drafting process. This is evident in the bilingual codrafting process currently applied in Canada at the federal level. But it is also discernible in EU multilingual legislative drafting methods, which combine elements of translation and codrafting. The detailed examination of legal drafting within EU institutions demonstrates that all languages participate in all drafting stages and influence each other. Therefore, although some elements of translation are involved in the drafting of EU multilingual law, by the end of the drafting process none of the language versions can be identified as a pure original, thus guaranteeing that the equality of all language versions is preserved.
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PASTOR, MERCHANTE Fernando. "The role of competitors in the enforcement of state aid law." Doctoral thesis, 2014. http://hdl.handle.net/1814/34562.
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Defence date: 6 October 2014Examining Board: Professor Giorgio Monti, European University Institute (Supervisor); Professor Marise Cremona, European University Institute; Professor Leigh Hancher, Tilburg University; Professor José María Rodríguez de Santiago, Universidad Autónoma de Madrid.
State aid law is made up of rules and procedures whose main characters are the Member States – as the addressees of the norms – and the Commission – as their enforcer. The prominent position of these two actors often overshadows the impact that the administration of the rules on State aid has on private undertakings, be it the beneficiaries of State aids or their competitors. This thesis is concerned with the latter. The aim of the thesis is to assess the extent to which competitors may rely on the rules on State aid to protect themselves against the potentially harmful effects of subsidies and other forms of state, financial assistance to firms. This endeavour raises two challenges. The first challenge is to identify the channels through which competitors may voice their interest in the context of a system of governance to which they are in principle alien. This is the issue of access. The second challenge is assess the likelihood that the Commission shall heed to the concerns voiced by competitors. In other words, the challenge is to gauge the power of influence that competitors may exert through each of these channels. This is the issue of leverage. In order to carry out this inquiry, the thesis scrutinizes the means of redress available to competitors before national courts (“private enforcement”), as well as the opportunities that they have to make their voice heard in the course of the Commission’s procedures (“public enforcement”) – namely, the possibility to lodge complaints, the possibility to participate in the consultation phase of Article 108(2) TFEU and the possibility to seek the judicial review of State aid decisions.
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DESOMER, Marlies. "Reform of the European Union's legal instrument." Doctoral thesis, 2003. http://hdl.handle.net/1814/5508.
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ORLANDO, Emanuela. "Liability for environmental harm : towards the mutual supportiveness of international law and European Union law." Doctoral thesis, 2010. http://hdl.handle.net/1814/14526.
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Defence date: 25 June 2010Examining Board: Prof. Francesco Francioni, European University Institute (Supervisor) ; Prof. Bruno De Witte, European University Institute; Prof. Ludwig Kramer, University of Bremen ; Prof. Massimiliano Montini, University of Siena
PDF of thesis uploaded from the Library digital archive of EUI PhD theses
The present study examines how the question of reparation for environmental damage that occurred during the operation of economic and industrial activities has been dealt with in international law and within the European Union legal system. In particular, the thesis endeavours to provide a comparative analysis of the Directive 35/2004/EC on Environmental Liability with regard to the Prevention and Remedying of Environmental Damage with relevant developments on the international level, and tries to define a conceptual framework with which to examine the relationship between the two legal systems. The need to find concrete and effective responses to the problem of environmental degradation has prompted the recourse to a plethora of legal instruments and determined the emergence of different approaches to the question of environmental liability. More specifically, the integration of environmental concerns into liability systems has determined a revision of the ultimate goals traditionally assigned to liability and an adjustment of its classic structures to new realities. Therefore, the overall legal framework on environmental liability in Europe and on the international level is gradually evolving towards the coexistence of traditional schemes of civil liability with new regulatory models for prevention and reparation of environmental damage. The starting point for the analysis is the recognition that appropriate and effective responses to the problem of environmental harm require a coherent and coordinated application of different legal tools, private and public, international and European. By looking at the interface between international law and EU law in the field of environmental liability, this study identifies different conceptual and regulatory approaches to the question of prevention and reparation for environmental damage. It explores potential synergies and interactions among them with a view to achieving the ultimate goal of providing effective responses to the problem of environmental harm.
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COELHO, Gonçalo Miguel Banha. "Liberalisation of network industries and access to natural resources : the case of radio spectrum and energy resources." Doctoral thesis, 2016. http://hdl.handle.net/1814/41265.
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Defence date: 9 May 2016Examining Board: Professor Giorgio Monti (Supervisor), European University Institute; Professor Eric Brousseau, Paris-Dauphine University; Professor Angus Johnston, University College Oxford; Professor Pierre Larouche, Tilburg University.
The Thesis analyses the impact of the regulation of radio spectrum and energy resources in the liberalisation of wireless communications and electricity in the European Union (EU). The answer to this inquiry presupposes a discussion of three sub-questions: (i) what is the competence of the EU to regulate the radio spectrum and energy resources ("the power gap"); (ii) is there a gap in the regulation of natural resources ("the regulatory gap"); and (iii) how has the Commission used other instruments, particularly competition law, to bridge the two gaps? The Introduction presents the institutional economics approach that guides the reader throughout the Thesis. It builds upon Williamson's four levels of institutional analysis and argues that the way in which access to natural resources is structured ("level 2" of institutional analysis), deeply impacts the regulatory design of the network industries and the way in which the Commission shapes the application of competition law. Its purpose is not to present an ideal system of resource management but rather to highlight that all institutional decisions bear costs, and that, in the absence of level 2 interventions, the Commission has used imperfect alternative solutions, such as competition law, to bridge the regulatory and power gaps.
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LARIK, Joris. "Worldly ambitions : foreign policy objectives in European constitutional law." Doctoral thesis, 2013. http://hdl.handle.net/1814/27186.
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Defence date: 3 June 2013Examining Board: Professor Loïc Azoulai, European University Institute; Professor Marise Cremona, European University Institute (Supervisor); Professor Christophe Hillion, Leiden University; Professor Daniel Thym, University of Konstanz
PDF of thesis uploaded from the Library digital archive of EUI PhD theses
Constitutions of today do not merely address the salus populi anymore, the welfare of the people, but increasingly exhibit international ambitions. This is true in particular for the EU Treaties. To make sense of these developments, this thesis presents a comprehensive account of foreign policy objectives as a growing part of European constitutional law. It grasps these provisions as legal norms, discerns their legal force and functions, and situates them into the overall legal order of the state, the Union, and the composite 'European Constitutional Space’. It argues that for comparative constitutional law in general, the codification of foreign policy objectives suggests a step forward in the evolution of the role of the constitution: From limiting public authority to guiding it towards certain goals, both at home and in the world. For the EU in particular, this research advances a comparative constitutional perspective for the study of EU external relations, and adds a constitutional dimension to the 'normative power’ debate in the study of EU foreign policy. Drawing on established national doctrines on constitutional objectives from Germany, France and India, the thesis elaborates a common vocabulary for understanding foreign policy objectives across different jurisdictions. It adapts these findings to the pluralist context of the Union and its Member States, which closely intertwines both legal orders and foreign policies. It reveals that constitutional foreign policy objectives represent norms of constitutional rank which commit a polity to an active and 'normative’ foreign policy, serving principally as an interpretive lens through which public powers can be enlarged. As a feature peculiar to the EU context, such objectives help to channel the individual ambitions of the Member States through the Union framework towards a more coherent, albeit polyphonic, external action. Furthermore, the project feeds its legal findings into the debate on the EU as an actor in International Relations, drawing on the main IR theories to sharpen the analysis of these norms in inter-institutional struggles as well in long-term processes of identity-shaping, legitimation and socialization.
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BRUYNINCKX, Tim. "Enriching public procurement regulation through EU state aid law based principles." Doctoral thesis, 2017. http://hdl.handle.net/1814/46751.
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Defence date: 7 June 2017Examining Board: Professor Giorgio Monti, EUI (Supervisor); Professor Petros Mavroidis, EUI; Professor Roberto Caranta, Università di Torino; Professor Kris Wauters, Université Catholique de Louvain-la-Neuve
The starting point for the thesis is the problem of negative externalities public purchasing gives rise to. We argue that public procurement regulation, having as an objective the structuring of public markets for public contracts, produces the said market failure, which may adversely affect the competitive dynamics in other markets. This may cause a significant loss of social welfare. The reason why public procurement produces such negative externalities is, so we argue, due to the fact that public procurement regulation is foremost concerned with the internal dimension of public purchasing, i.e. the relationship between the public purchaser and actual and potential tenderers. However, public procurement regulation largely omits the external dimension, i.e. the effects public purchasing produces vis-à-vis markets outside the specific market for the public contract at hand. In our quest for a way to address this problem of negative externalities we argue that these externalities converge to a large extent with an ‘advantage’, being one of the conditions for the EU state aid prohibition (laid down in article107 (1) TFEU) to apply. Hence, we deem EU state aid law to be a valuable source of inspiration to ‘enrich’ public procurement regulation. Such ‘enriched’ public procurement regulation would be able to avoid the occurrence of the negative externalities we identified, or at least to minimise the risk of their occurrence. Examining a number of areas within EU state aid law allowed us to identify a number of principles that ensure absence of an ‘advantage’. These principles constitute the basis for our ‘standard for enrichment’, i.e. a framework for regulatory reform as to public procurement regulation. We also apply this standard to a number of aspects of public procurement regulation. More specifically, we clarify how ‘enriched’ public procurement regulation would materialise as to the following aspects of public purchasing: (i) the disclosure obligation as to award criteria and their belongings, (ii) the pursuit of policy objectives through public purchasing and (iii) modifications to public contracts in the performance phase.
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STAVROULAKI, Theodosia. "Integrating healthcare quality concerns into a competition law analysis : mission impossible?" Doctoral thesis, 2017. http://hdl.handle.net/1814/49704.
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Defence date: 22 December 2017Examining Board: Professor Giorgio Monti, European University Institute (Supervisor); Professor Hans-Wolfgang Micklitz, European University Institute; Dr. Okeoghene Odudu, University of Cambridge; Professor Daniel Sokol, Levin College of Law, University of Florida
Healthcare markets have started being created in Europe. Indeed, some European countries, such as the UK and the Netherlands, have started adopting the choice and competition model for healthcare delivery. Taking as a starting point that as health systems in Europe move towards market driven healthcare delivery, the application of competition law in these systems will increase, the goal of this doctoral thesis is (a) to identify some of the competition problems that may be raised in light of the reality that especially in hospital and medical markets the pursuit of competition and the pursuit of essential dimensions of healthcare quality may inevitably clash (b) to demonstrate that competition authorities would be unable to address some of these competition problems if they did not pose and address a fundamental question first: how should we define and assess quality in healthcare? How should we take healthcare quality into account in the context of a competition analysis? In delving into these questions, this doctoral thesis explores how the notion of healthcare quality is defined from antitrust, health policy and medicine perspectives and identifies three different models under which competition authorities may actually assess how a specific anticompetitive agreement or hospital merger may impact on healthcare quality. These are: (a) the US market approach under which competition authorities may define quality in healthcare strictly as choice, variety, competition and innovation (b) the European approach under which competition authorities may extend the notion of consumer welfare in healthcare so that it encompasses not only the notions of efficiency, choice and innovation, but also the wider objectives and values European health systems in fact pursue (c) the UK model under which competition authorities may cooperate with health authorities when they assess the impact of a specific transaction on healthcare quality. The thesis identifies the main merits and shortcomings of these models and emphasizes that what is crucial for the adoption of a holistic approach to healthcare quality is not only the model under which healthcare quality is actually integrated into a competition analysis but also competition authorities’ commitment to protect all dimensions of this notion.
Chapter IV ‘Integrating healthcare quality concerns into the US hospital merger cases : a mission impossible’ of the PhD thesis draws upon an earlier version published as an article 'Integrating healthcare quality concerns into the US hospital merger cases : a mission impossible' (2016) in the journal 'World competition'
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DE, LEEUW Magdalena E. "Open government in the European Union : a legal analysis of a fundamental principle." Doctoral thesis, 2001. http://hdl.handle.net/1814/4690.
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Defence date: 24 September 2001Examining Board: Prof. Renaud Dehousse, Institut d'études politiques, Centre européen de Sciences Po (supervisor) ; Prof. Deidre Curtin, University of Utrecht (NL) (co-supervisor) ; Prof. Mario Chiti, Università di Firenze (I) ; Prof. Grainne De Búrca, EUI
PDF of thesis uploaded from the Library digitised archive of EUI PhD theses completed between 2013 and 2017
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IBÁÑEZ, COLOMO Pablo. "European communications law and technological convergence : deregulation, re-gulation and regulatory convergence in television and telecommunications." Doctoral thesis, 2010. http://hdl.handle.net/1814/14521.
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Awarded the Jacques Lassier Prize for the best doctoral thesis in Competition Law by the International League of Competition Law. The Prize is awarded every two years for Ph.D. dissertations written in competition law and related fields (including intellectual property and unfair competition), and was established in memory of Jacques Lassier, a former President of the League and one of the first practitioners in continental Europe to understand the importance of EU competition rules. The ceremony took place at Christ Church College in Oxford during the annual congress of the League.Defence Date: 10 June 2010
Examining Board: Prof. Heike Schweitzer - Supervisor, European University Institute; Prof. Antonio Bavasso - University College London; Prof. Bruno de Witte - Universiteit Maastricht; Prof. Paul Nihoul - Université Catholique de Louvain
PDF of thesis uploaded from the Library digital archive of EUI PhD theses
Technological convergence' is an expression depicting the blurring of boundaries between television and telecommunications. As a consequence of this process, the economic assumptions underlying legacy regulatory regimes no longer reflect market realities. Thus, technological convergence pushes for regulatory change, and this, in three directions: (i) deregulation, i.e. the removal of tools providing for exclusive and special rights; (ii) regulatory convergence, i.e. the creation of a level-playing-field between incumbents and new entrants and (iii) re-regulation, i.e. the introduction of new tools, either to replace legacy ones or to respond to emerging concerns. The first part of the dissertation examines the reaction to technological convergence in television and telecommunications regulation. While deregulation was unavoidable in both sectors, so pressing were technological developments, there are marked differences in other respects between them. Television regulation is an example of a 'defensive' reaction, in the sense that steps towards regulatory convergence and re-regulation have been slow and incremental. As a result, legislation is remarkably unstable and distortions, unavoidable. In addition, competition law has emerged as a source of regulation to deal with some concerns neglected in explicit regulatory regimes. In the telecommunications sector, by contrast, the Regulatory Framework for electronic communications constitutes an attempt to lay down, ex novo, a flexible and lasting regime. The second part examines choices around 'conflict points' between regimes, i.e. those areas of substantive overlap between the three sources of regulation identified above. Two conclusions follow from the analysis. First, it appears that one must differentiate, for normative purposes, between regulatory objectives (pluralism, effective competition, harmonisation...) and the specific tools through which these are implemented. In this sense, it seems feasible and justified to reconcile conflicting objectives across the value chain along the lines of tools that are more suited to apply in a changing environment. Secondly, it is noted that television and telecommunications activities are so inextricably linked that any attempt to regulate one of the two sectors in isolation from the other, as is currently the case, is artificial and unsustainable.
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OGORZALEK, Magdalena. "The action for injunction in EU consumer law." Doctoral thesis, 2014. http://hdl.handle.net/1814/34560.
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Defence date: 25 July 2014Examining Board: Professor Hans-Wolfgang Micklitz, European University Institute; Professor Giorgio Monti, European University Institute; Professor Christopher Hodges, University of Oxford; Professor Norbert Reich, University of Bremen.
In 1998 the European Union adopted a new self-standing instrument of collective enforcement - the Action for Injunction. Until then, the main focus was on the improvement of the position of the individual consumer through the adoption of substantive consumer law directives. The Injunction Directive provides for a general framework on consumer law enforcement in national and cross-border litigation. Qualified entities, public agencies and/or consumer organisations, are granted legal standing. National courts are bound to mutually respect the standing of EU wide registered qualified entities. Outside these clear-cut rules on the mutual recognition of standing, the Injunction Directive remains largely silent. The implementation into 28 Member States swiftly revealed the rather limited harmonising effect. The thesis investigates and explains how despite the legally approved diversity, the Injunction Directive contains the potential to turn diversity into convergence. The key to understanding the potential is the thesis of dualism of enforcement measures. Read together with the Annex the Injunction Directive establishes the deep interconnection between collective and individual enforcement, of substantive and procedural enforcement, of judicial and administrative enforcement. The different levels and means of enforcement should not be regarded separately but should always be looked at in their interplay, in their mutual institutional design and their mutual impact. Evidence for convergence can be found in the Invitel judgment of the ECJ and in the practice of consumer organisations via co-ordination actions across borders by which they overcome the boundaries of collective vs. individual or judicial vs. administrative enforcement. Regulation 2006/2004 re-adjusts the dualistic structure of enforcement in favour of public bodies and promotes convergence through para-legal means, through new modes of enforcement, through co-operation and co-ordination outside courts and in open interaction between administrative bodies, to which consumer organisations are admitted on approval only.
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HEYVAERT, Veerle. "Coping with uncertainty : the regulation of chemicals in the European Union." Doctoral thesis, 1999. http://hdl.handle.net/1814/4658.
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Defence date: 28 June 1999Examining Board: Prof. Karl-Heinz Ladeur, European University Institute (Supervisor); Prof. Christian Joerges, European University Institute (Co-supervisor); Prof. Jan H. Jans, University of Amsterdam; Prof. Marc Pallemaerts, Vrije Universiteit Brussels
First made available online on 23 February 2018
The project of this thesis is to investigate how law operates in politically precarious, scientifically complex and uncertain areas. It examines whether the legal framework for the regulation of health and environmental threats adequately takes into account problems of risk and uncertainty. Furthermore, it proposes structural legal reforms to optimise the conditions under which decisions for risk control are taken. Chapter I of the thesis lays down a theoretical framework for analysis of the tensions between law, risk and uncertainty. It explains why traditional modes of legal reasoning are ill-suited to deal with contemporary health and environmental threats, and proposes the adoption of a risk-oriented approach to law and regulation as a more productive alternative. The remainder of the thesis examines the practical utility of a riskoriented approach for health and environmental protection. The substantive area selected for analysis, is the European Community regulatory framework for the control of chemicals. The structure of the thesis mimics the “regulatory life cycle" of chemical substances. Chapter II focuses on the first major prerequisite for chemical control: the availability of sufficient information on chemical hazards and risks. It provides an overview and critique of existing arrangements to stimulate the production of chemical data. Chapter III addresses the question how this data is processed into a format that is relevant for the purposes of risk regulation. The prevalent technique is risk assessment. Chapter III analyses risk assessment practices prescribed in EC law, and discusses the controversies that surround the use of risk assessment in regulatory decision-making. Chapter IV discusses the stage of risk decision-making. It reviews a range of regulatory techniques that aim to secure health and environmental protection, and examines chemical risk reduction mechanisms in EC law. It furthermore investigates whether and how information on chemical risks is put to use to inform decision-making processes. Each Chapter concludes with an evaluation of the incumbent legal framework, focusing in particular on its compatibility with the risk-oriented approach developed in Chapter I. Finally, Chapter V draws the strands of the preceding analyses together, and offers an overview of the main leitmotifs, strengths and weaknesses of European chemical legislation. Chapter V concludes with a number of reform proposals that, hopefully, will contribute to the ongoing discussion and elaboration of a legal framework that does not shy away from uncertainty.
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SCHEBESTA, Hanna. "Towards an EU law of damages : damages claims for violations of EU public procurement law before national and European judges." Doctoral thesis, 2013. http://hdl.handle.net/1814/29598.
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Examining Board: Professor Hans-Wolfgang Micklitz, European University Institute Professor Giorgio Monti, European University Institute Professor Alexandra (Sacha) Prechal, Court of Justice of the European Union Professor Laurence W. Gormley, University of Groningen and College of Europe.Defence date: 16 September 2013
First made available online on 15 January 2015.
While the law is often highly harmonized at EU level, the ways in which it is realized in the various national courts are not. This thesis looks at enforcement through damages claims for violations of EU public procurement rules. Despite important recent amendments to the procurement remedies regime, the damages provision remains indeterminate. The legislative inertia pressures the CJEU to give an interpretation and raises the question as to how the Court should deal with damages. The requirements on damages claims are clarified under both general and public procurement EU law. The action for damages is conceived as a legal process which incorporates the national realm. Therefore, a comparative law part (covering England, France, Germany and the Netherlands) examines national damages litigation in public procurement law. A horizontal discussion of the legal issues which structurally frame damages claims is provided. The remedy of damages is analyzed as a bundle of rules and its constitutive and quantification criteria are studied, thereby refining the the Member States’ common conceptual base of damages claims. Functionally, the lost chance emerges as a compromise capable of mitigating the typically problematic nature of causation and uncertainty in public procurement constellations. An adjudicative approach to damages in EU law is developed through Member State liability and the procedural autonomy doctrine. Member State liability is construed as a form of constitutional liability which is distinct from damages arising under the 'effectiveness’ postulate of procedural autonomy. Procedural autonomy as currently used is legally indeterminate and inadequate from the point of view of procedural theory. The thesis proposes to sharpen the effectiveness test in three dimensions: material, based on the intrinsic connection between enforcement rules and substantive law; vertical, in delimiting the spheres of influence of national and EU courts; and in terms of institutional balance vis-à-vis the EU legislator.
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MAZUELOS, Angeles. "Non-binding Acts in the European Community legal order : soft law?" Doctoral thesis, 2003. http://hdl.handle.net/1814/6354.
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Defence date: 8 November 2003Supervisors: Prof. Gráinne de Búrca ; Prof. Francis Snyder
PDF of thesis uploaded from the Library digitised archive of EUI PhD theses completed between 2013 and 2017
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OLIVEIRA, Alvaro Castro. "Third country nationals and European Union law : a critical analysis of issues in European Community and European Union law regarding natural persons who are nationals of third countries and live in member states." Doctoral thesis, 1996. http://hdl.handle.net/1814/4734.
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Defence date: 19 April 1996Examining Board: H. U. Jesserun d'Oliveira, E.U.I.-Univ. Amsterdam (supervisor) ; David O'Keeffe, U.C.L.-College of Europe, Bruges (co-supervisor) ; Brian Bercusson, EUI-Manchester University (co-supervisor) ; R.M. Moura Ramos, Univ.Coimbra-EC Court of First Instance ; Francis Snyder, EUI
First made available online 19 December 2016
This thesis analyses issues in European Community Law and European Union Law related to immigration from third countries into the Union and regarding natural persons already living within the countries of the Union who do not have the nationality of a Member State. For the sake of simplicity these persons are referred to as third country nationals, or immigrants from third countries. In the absence of indications to the contrary, these expressions should be understood as comprising three categories of persons who live in a Member State of the European Union [hereinafter ’’Member State”]: first, nationals of a third country who have immigrated into a Member State; secondly, persons born in a Member State but who have the nationality of a third country and, finally, also stateless persons. In 1992 these three categories made up a total of about 10 million persons. The key concern of this thesis is the situation of third country nationals belonging to national or racial groups who are socially disadvantaged. Clearly, in certain areas, Swiss, (white) American or even Japanese entrepreneurs or managers are in a completely different position to that of Algerian, Chinese or Peruvian low-skilled workers. The latter have a far less advantageous socio-economic status in comparison to the former. They are the ones in need of more attention from public institutions and from the society as a whole. Thus, they are the main concern of this thesis. However, in certain other domains, any person not having the nationality of a Member State can confront basically the same problems - like those pertaining to exclusion from the rights granted only to nationals of a Member State. In this aspect, the thesis will examine in the same manner the position of all third country nationals.
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CANTERO, GAMITO Marta. "The private law dimension of the EU regulatory framework for electronic communications : evidence of the self-sufficiency of European regulatory private law." Doctoral thesis, 2015. http://hdl.handle.net/1814/37647.
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Defence date: 26 October 2015Examining Board: Prof. Hans-W. Micklitz, EUI (Supervisor); Prof. Yane Svetiev, EUI; Prof. Annetje Ottow, Universiteit Utrecht; Prof. Fernando Gómez, Universidad Pompeu Fabra Barcelona.
This thesis examines the contractual dimension of the EU Regulatory Framework for Electronic Communications. In particular, it provides a comprehensive legal analysis of the transformations occurring in private law as a result of the impact of EU telecommunications regulation on private law relationships. While the main focus in the Europeanization of private law has been on the sale of goods, this thesis engages the (concealed) private law dimension accompanying the, almost, all-encompassing sector-related framework that concerns the provision of a Service of General Economic Interest. This thesis scrutinizes the private law implications of the regulation of telecommunications services from cradle to grave; i.e. from its making to its enforcement. Hence, it does not only consider substance but also focuses on the institutional and procedural transformations taking place within the sector. Tested against empirical research, the thesis further assesses the self-sufficiency of sector-specific legislation as a separate regime of private law serving regulatory functions that operate independently of general contract rules. The thesis concludes by validating that self-sufficiency is actually occuring in view of the results yielded from the foregoing legal and empirical analysis and by providing a normative assessment of the transformation of private law which is taking place as a result of the shift in the focus of European private law from the failed European of civil code project to the regulation of areas beyond the core of private law.
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PSYCHOGIOPOULOU, Evangelia. "The integration of cultural considerations in EU law and policies." Doctoral thesis, 2007. http://hdl.handle.net/1814/6909.
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Defence date: 26 January 2007Examining Board: Bruno De Witte, (EUI), Francesco Francioni, (EUI)
PDF of thesis uploaded from the Library digital archive of EUI PhD theses
Pursuant to Article 151(4) EC, when exercising its competences under the various policy areas within its purview, the European Community must heed the cultural repercussions of its activities, so as to refrain from jeopardising the preservation and further enhancement of Member States' cultural diversity. Evaluating the degree of accommodation, or lack thereof, of cultural considerations in EC law and action, this book offers valuable insight into the plethora of ways in which the European institutions seek to balance cultural with other legitimate EC policy objectives. The study draws upon a series of policy areas that are (or can be) enriched with a cultural dimension and examines concrete judicial and legislative instances attesting to the efforts deployed to deliver coherent, culture-sensitive policies at EC level.
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GIANNAKOPOULOS, Themistoklis K. "Rights and obligations of private parties in antitrust, merger, anti-dumping anti-subsidies and state aid cases." Doctoral thesis, 2000. http://hdl.handle.net/1814/4637.
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Defence date: 11 September 2000Examining board: Claus-Dieter Ehlermann (supervisor) ; Bruno De Witte ; Joseph Gilchrist ; Jacques Ziller
PDF of thesis uploaded from the Library digitised archive of EUI PhD theses completed between 2013 and 2017
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BELENYESI, Pal. "Access pricing in water supply : the possibility of introducing a Common Access Pricing Strategy in the water sector at EU level." Doctoral thesis, 2006. http://hdl.handle.net/1814/7071.
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PISARKIEWICZ, Anna Renata. "Evolving forms of abusing dominant position in the electronic communications sector : critical analysis of the decisional practice and case law in the field of margin squeeze." Doctoral thesis, 2014. http://hdl.handle.net/1814/32093.
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Defence date: 28 May 2014Examining Board: Professor Heike Schweitzer (supervisor), Freie Universität Berlin Professor Thomas Fetzer, University of Mannheim Professor Pierre Larouche, Tilburg University Professor Giorgio Monti, EUI.
Received the The Institute of Competition Law 2015 Concurrences PhD Award.
A margin squeeze is an exclusionary form of abuse of a dominant position that a vertically integrated firm can implement when it sells its upstream bottleneck input to its downstream competitors. Because it is vertically integrated, the dominant incumbent can reduce the margin between the input price charged to competitors and the retail price charged to end-users by either raising the price of the input and/or lowering the price of its retail product/services to such an extent that the remaining margin of profit is insufficient for its rivals to remain competitive. Although the scenario of margin squeeze seems to be rather simple, the underlying economic and legal theories are not. Consequently, detecting a margin squeeze requires competition authorities to apply a complex imputation test, which in turn requires various methodological choices that can determine the outcome of the investigation. The principal purpose of the dissertation is to determine whether the European Commission's margin squeeze decisions are consistent with EU case law. The dissertation examines two alternative hypotheses. Under hypothesis A, margin squeeze is presented as a deviation from the essential facilities doctrine, which could be seen as an expression of regulatory competition law. Hypothesis B assumes that it constitutes another form of vertical foreclosure, the main question then being under what exact conditions foreclosure is likely in network industries where the margin squeeze doctrine traditionally applies. Two conclusions follow from the analysis. First, margin squeeze constitutes another theory of vertical foreclosure, and accordingly cannot be seen as an unjustified deviation from refusal to deal and essential facilities cases. Second, to ensure that the theory of harm in margin squeeze cases is credible, competition authorities could enhance their current analytical framework by regularly reviewing various additional elements, in particular the extent to which the wholesale product is important for downstream competition.
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SKIDMORE, Paul. "The construction of atypical working and community law." Doctoral thesis, 1992. http://hdl.handle.net/1814/5637.
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Award date: 31 December 1992Supervisor: B. Bercusson
First made available online on 11 July 2018
There is much talk in labour law about 'atypical workers' and 'atypical working' and yet there is little agreement on how to approach and analyse the subject. Nevertheless, in the broadest terms it can be stated that most, if not all, writers at least agree that the sort of workers to whom the label 'atypical' can be applied are (1) part-time workers, (2) those on fixed term-contracts, (3) temporary workers including casual workers and (4) those who work through a temporary employment business (in the UK context often referred to as agency workers). The European Commission estimated in 1988 that around 20% of the workforce within the European Community could described as falling within this description of atypical working.
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PELTONEN, Ellinoora. "Private control instruments in the European consumer, occupational health and safety, and environmental policies." Doctoral thesis, 2010. http://hdl.handle.net/1814/15407.
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Defence Date: 06 December 2010Examining Board: Fabrizio CAFAGGI (Supervisor, EUI); Christian JOERGES (former EUI/University of Bremen); Colin SCOTT (University College, Dublin); Jyrki TALA (University of Turku and National Research Institute of Legal Policy, Helsinki)
PDF of thesis uploaded from the Library digital archive of EUI PhD theses
European Union’s (EU) legislature allows for EU level private interest governments (PIGs): stakeholders, industry, professional and co-operative bodies; and control entrepreneurs (PriCEs) to complement regulatory strategies. However, governance studies have infrequently conducted cross-sector analysis on how they assist in implementing EU policies. This study conducts cross-sector analysis of private compliance instruments (PCIs) utilised as partial implementing strategy to EU’s business regulation across consumer, worker health, safety and environmental policies. It introduces several opportunities to learn from differences. PriCEs appear operational PCIs throughout several legislative and private regulatory frameworks; regulatory sectors; targeting sector- or business-specific compliance; and employing either command-and-control or reflexive/responsive regulatory modes. However, workable 'in-house' PCIs implemented by PIGs necessitate specific market architecture and legislative pressure. Within sectors of health and safety of consumers and workers specific conditions may support in-house PCIs, which control business-specific compliance within command-and-control mode. However, within environmental sector, such in-house PCIs appear unfeasible. The EU legislature has also architected PCIs, which somewhat equate to reflexive/responsive mode, to consumer and environmental policies, whilst it has abstained from introduction of such instruments to worker health and safety due to autonomous social dialogue. Generally, at EU level, the potential for using outfitted reflexive mode PCIs appears greater than employing command-and-control mode in CPIs.
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VOS, Ellen. "Institutional frameworks of Community health and safety regulation : committees agencies and private bodies." Doctoral thesis, 1997. http://hdl.handle.net/1814/4819.
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Defence date: 20 May 1997Examining board: Prof. R. Barents (Luxembourg/Maastricht) ; Prof. R. Dehousse (Florence), co-supervisor ; Prof. Ch. Joerges (Bremen/Florence), supervisor ; Judje P.J.G. Kapteyn (Luxembourg)
PDF of thesis uploaded from the Library digitised archive of EUI PhD theses completed between 2013 and 2017
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BONAFÉ, MARTÍNEZ Ernesto. "Towards a European energy policy : resources and constraints in EU law." Doctoral thesis, 2010. http://hdl.handle.net/1814/14979.
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Defence Date: 11 October 2010Examining Board: Prof. Jacques Ziller, University of Pavia (EUI Supervisor); Prof. Pippo Ranci, Catholic University of Milan; Prof. Leigh Hancher, University of Tilburg; Mr. Jorge Vasconcelos, MIT/Portugal Programme, Lisbon University
PDF of thesis uploaded from the Library digital archive of EUI PhD theses
The European Union (EU) has set the objective to achieve a secure, sustainable and competitive energy. The development of a European energy policy is constantly emphasised in the declarations of EU political leaders. This thesis provides an assessment of the legal feasibility of an EU energy policy in the areas of industrial restructuring, institutional reform and security of supply. The first chapter looks into the Endesa saga, which offers a paradigmatic case concerning the tensions between energy champions and energy markets. Successive national and ‘foreign’ takeover bids for Endesa are examined at national and EU level by different authorities according to different legal regimes, which show the ambivalent contribution of the merger control to the development of an energy policy. The persistence of monopolistic structures despite energy liberalisation requires the reinforcement of the role of regulatory authorities, as analysed in chapter two. However, one cannot expect that national regulatory authorities and the newly created European Agency for the Cooperation of Energy Regulators enjoy the same powers and level of independence as their integration within Member States and the EU operates on the basis of different legal and institutional principles. Chapter three addresses security of energy supply, which is in principle a responsibility of the Member States (which often used it as a pretext to promote national champions), but it has also a European dimension in terms of external dependence and solidarity. The absence of a specific legal basis on energy in the treaties has not prevented the EU from dealing with security of supply by having recourse to legal bases in the fields of environmental policy, crisis management and trans-European networks. A more coherent approach to energy policy is expected with the new legal basis on energy in the Lisbon Treaty. Beyond future developments, this thesis measures the integrity of the commitment repeatedly expressed by European Heads of Governments and States to build up a European energy policy.
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BENÖHR, Iris. "Consumer law between market integration and Human Rights protection." Doctoral thesis, 2009. http://hdl.handle.net/1814/13302.
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Defence date: 18 December 2009Examining Board: Professor Christian Joerges, University of Bremen (supervisor), Professor Hans-W. Micklitz, European University Institute, Professor Roland Bieber, University of Lausanne, Professor Stephen Weatherill, University of Oxford
PDF of thesis uploaded from the Library digital archive of EUI PhD theses
This thesis examines the relationship between fundamental rights and consumer protection in the European Union. Traditionally, consumer regulation has been applied as a onedimensional tool to achieve economic integration. In 2000, the Charter of Fundamental Rights broadened the scope of consumer law to include a social dimension; however, this initiative remains limited in practice, because of the abstract wording in the Charter, and because of the partly contrasting full-harmonisation strategy of the EU. Moreover, the Charter is not binding and it risks succumbing to traditional market-oriented policy tendencies. This thesis tries to build a bridge between the two approaches to consumer law - the market-oriented approach, and the fundamental-rights based approach. To do so, it suggests a new consumer concept, based upon the capability approach of the economist Amartya Sen. Such an approach enables the consumer to deal with the risks of increasingly integrated and complex markets, by focusing upon basic procedural rights. Three areas of consumer law have been gaining importance in recent times: credit agreements, telecommunications, and collective redress. Cases from these areas are considered here, as they exemplify the inter-action between fundamental rights, and participation in cross-border markets. First, cases in consumer credit illustrate the impact of fundamental rights on the provision of fair contractual conditions, and on access to responsible lending schemes. Second, the new telecommunication proposal highlights the importance of regulatory participation mechanisms for consumers, to ensure access to services of general interests and to ensure data protection in an increasingly privatised environment. Finally, collective redress mechanisms show how procedural innovations can improve judicial participation through the basic right of access to justice. The thesis concludes by proposing a new legal approach for consumer law in the EU, in order reach a compromise between social and economic demands.
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PORCEDDA, Maria Grazia. "Cybersecurity and privacy rights in EU law : moving beyond the trade-off model to appraise the role of technology." Doctoral thesis, 2017. http://hdl.handle.net/1814/45944.
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Defence date: 30 March 2017Examining Board: Professor Marise Cremona, EUI (Supervisor); Professor Deirdre Curtin, EUI; Professor Anne Flanagan, Queen Mary University of London; Professor Ronald Leenes, Tilburg University
This thesis concerns a specific instance of the trade-off between security and ‘privacy rights’, namely cybersecurity, as it applies to EU Law. The research question is whether, and how, the pursuit of cybersecurity can be reconciled with the protection of personal data and respect for private and family life, which I treat as two independent rights. Classic legal argumentation is used to support a normative critique against the trade-off; an in-depth scrutiny of ‘(cyber)security’ and ‘privacy’ further shows that the trade-off is methodologically flawed: it is an inappropriate intellectual device that offers a biased understanding of the subject matter. Once the terms of discussion are reappraised, the relationship between cybersecurity and privacy appears more nuanced, and is mediated by elements otherwise overlooked, chiefly technology. If this fatally wounds the over-simplistic trade-off model, and even opens up avenues for integration between privacy and cybersecurity in EU law, on the other hand it also raises new questions. Looked at from the perspective of applicable law, technology can both protect and infringe privacy rights, which leads to the paradox of the same technology being both permissible and impermissible, resulting in a seeming impasse. I identify the problem as lying in the combination of technology neutrality, the courts’ avoidance in pronouncing on matters of technology, and the open-ended understanding of privacy rights. To appraise whether cybersecurity and privacy rights can be reconciled, I develop a method that bridges the technological and legal understandings of information security and privacy, based on the notions/methods of protection goals, attributes and core/periphery or essence, and which has the advantage of highlighting the independence of the two privacy rights. A trial run of the method discloses aspects of the ‘how’ question that were buried under the trade-off debate, viz. the re-appropriation of the political and judicial process vis-àvis technology.
Chapter 4 draws upon an article in Neue Kriminalpolitik 4/2013
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DALY, Angela. "Mind the gap : private power, online information flows and EU law." Doctoral thesis, 2015. http://hdl.handle.net/1814/35407.
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Defence date: 3 March 2015Examining Board: Professor Giorgio Monti, European University Institute (EUI Supervisor); Professor Giovanni Sartor, European University Institute; Professor Lilian Edwards, University of Strathclyde; Professor Chris Marsden, University of Sussex.
This thesis examines how European Union law and regulation address concentrations of private economic power which impede free information flows on the Internet to the detriment of Internet users' autonomy. In particular, competition law, sector specific regulation (if it exists), data protection and human rights law are considered and assessed to the extent they can tackle such concentrations of power for the benefit of users. Illustrative case studies - of Internet provision, search, mobile devices and app stores, and the cloud – are chosen to demonstrate the gaps that exist in current EU law and regulation when applied to concentrations of private power online. It is argued that these gaps exist due, in part, to current overarching trends guiding the regulation of economic power, namely neoliberalism, by which only the situation of market failures can invite ex ante rules, buoyed by the lobbying of regulators and legislators by those in possession of such economic power to achieve outcomes which favour their businesses. Given this systemic, and extra-legal, nature of the reasons as to why the gaps exist, some 'quick fixes' from outside the system are proposed at the end of each case study, namely the potential for applying regulation and/or applying 'self-help' solutions, which are mainly technical measures using peer-to-peer design.
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HAWATMEH, Barbara A. "Pass back the parmesan! : the United States/European Union clash over geographical indication protection." Doctoral thesis, 2005. http://hdl.handle.net/1814/5541.
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ZUREK, Karolina. "European food regulation after enlargement : should Europe's modes of regulation provide for more flexibility?" Doctoral thesis, 2010. http://hdl.handle.net/1814/14530.
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Defence date: 25 June 2010Examining Board: Mads Andenas (University of Oslo); Marise Cremona (EUI); Christian Joerges (Supervisor, former EUI and University of Bremen); Ellen Vos (University of Maastricht)
PDF of thesis uploaded from the Library digital archive of EUI PhD theses
This thesis aims to present a critical legal perspective on the current direction of European Union (EU) food safety regulation. Through an analysis of three regulatory mechanismsmutual recognition, scientific risk analysis and standardisation-combined with a study of the evolution of food legislation in the EU, I seek to show how the current framework fails to face new challenges, such as the globalization of world trade and the last two enlargements. In particular, the thesis focuses upon the case of a newly acceded EU member state, namely Poland. The main argument presented in the thesis is that an enlarged and more diversified Europe must not disregard the numerous socio-economic implications of market regulation. If not properly acknowledged and reflected in the regulatory scheme, the mismatch between market regulation and socio-economic factors can lead to a kind of gradual "disembedding" of the regulatory framework, in the Polanyian sense of the term. This is of critical importance as the EU project is not one-dimensionally geared towards securing greater European unity, but equally concerned with preserving unique European diversity-in the field of food as well as in other aspects. I am thus suggesting that the existing regulatory approach can be opened up to include a wider set of relevant socio-economic implications, allowing for protection of diversity while aiming for greater homogeneity. The legal system for the regulation of food can be rebalanced to become more flexible and responsive by shifting the use of existing regulatory mechanisms, in order to diversify regulatory intervention. First, this would require improvement of application of the risk analysis model, in order to guarantee inclusion of valid socio-economic concerns in the decision-making process. Second, it would also entail reliance on managed mutual recognition in those areas where protection of diversity does not collide with protection of consumers (for example, where either longstanding trust has been available or national codes have provided sufficient safety guarantees), and where consequently imposition of strict standardization is not necessary. Due to legitimate concerns with crisis, the regulatory framework for food in Europe has generated a bias against diversity leading to unforeseen and unintended consequences. This thesis argues that this need not be so.
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LOWRY, Marie-Louise. "Of mice and genes : ethics and European patent law on biotechnological inventions." Doctoral thesis, 1996. http://hdl.handle.net/1814/5453.
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MADIEGA, Tambiana. "Interaction between EC competition law and sector-specific regulation in converging electronic communications markets." Doctoral thesis, 2008. http://hdl.handle.net/1814/12006.
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Defence date: 27 September 2008Examining Board: Pr. Hanns Ullrich (EUI), Florence, Italy ; Pr. Heike Schweitzer (EUI), Florence, Italy ; Pr. Paul Nihoul (Université Catholique de Louvain), Belgium ; Pr. Catherine Prieto (Université Aix-Marseille, élue Paris I Panthéon Sorbonne), France
PDF of thesis uploaded from the Library digital archive of EUI PhD theses
no abstract available
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PIERNAS, LÓPEZ Juan Jorge. "The concept of state aid under EU Law : from internal market to competition and beyond." Doctoral thesis, 2013. http://hdl.handle.net/1814/28047.
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Defence date: 3 June 2013Examining Board: Professor Giorgio Monti, European University Institute (Supervisor); Professor Hans-W. Micklitz, European University Institute; Professor Andrea Biondi, King's College London; Professor Piet Jan Slot, University of Leiden.
PDF of thesis uploaded from the Library digital archive of EUI PhD theses
This thesis is concerned with the legal concept of State aid under Article 107(1) TFEU. It was born out of the concern that EU institutions and practitioners alike refer to it as if this concept had been immune to the evolution experienced by the context in which it has been applied: the Internal Market. Against this seemingly static background, the thesis argues that the concept of aid is a 'living instrument' that has been applied in accordance with the main policy priorities of the European Commission, a fact that had been underexplored in the literature and the implications of this connection seldom studied. The thesis also contends, contrary to what has been affirmed before by other authors, that the evolution of this concept has been influenced by the broader advancement of the case-law of the Court of Justice in different periods of the integration process. Thirdly, the thesis submits that the study of the origins of subsidy control in Europe, of the legislative history of today's Article 107(1) TFEU, and of the policy and enforcement considerations that have affected the development of the concept of aid is not only enriching from an intellectual point of view but also useful to decide difficult cases. In this regard, the thesis provides criteria to interpret and discuss cases, e.g. Sloman Neptun, Philip Morris or Azores, beyond the analysis traditionally carried out in this field, too often limited to the compatibility of these cases with the effects-based formula traditionally followed to define aid. Indeed, the emergence of that formula, of the Market Economy Investor Principle test, the Adria-Wien test for selectivity, the ups-and-downs of the De Minimis rule in this field, or the exclusion of regulatory measures from the notion of State resources, cannot be understood only by looking at the economic or even the strictly legal reasoning behind the relevant judgments. Instead, historical, policy and enforcement considerations are useful interpretative tools to fully grasp these developments, a point that this thesis contributes to making.