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Whelan, Peter Michael. "The criminalisation of European antitrust enforcement : theoretical and legal challenges." Thesis, University of Cambridge, 2011. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.609488.
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ANDERSEN, Stine. "The Commission's role in ensuring Member State compliance with community law." Doctoral thesis, European University Institute, 2007. http://hdl.handle.net/1814/7017.
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Defence date: 6 July 2007Examination Board: Prof. Grainne de Burca, (Fordham Law School); Prof. Christian Joerges, (European University Institute); Prof. Deirdre Curtin (Utrecht University); Prof. Joanne Scott (University College London)
PDF of thesis uploaded from the Library digital archive of EUI PhD theses
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Chang, Yi Xin. "The Schengen Area in Europe :origin, process, and implications." Thesis, University of Macau, 2018. http://umaclib3.umac.mo/record=b3953594.
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Kotsovili, Maria. "Revisiting the role of European Union institutions in the enforcement of European Union environmental law." Thesis, Queen Mary, University of London, 2014. http://qmro.qmul.ac.uk/jspui/handle/123456789/8951.
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Over the past thirty years European Union environmental policy has greatly expanded. Overall, more than three hundred pieces of environmental legislation have been adopted. For many years the European Commission was primarily preoccupied with the introduction of new legislative initiatives. However, progressively inadequate implementation and enforcement became the greatest challenge of European Union environmental policy. Following the final assessment of the Sixth Environmental Action Programme, which concluded that the enforcement of EU environmental law is insufficient, the problem remains as pertinent as ever. This study critically analyzes the institutional, procedural and remedial framework provided for by the European Union Institutions to safeguard the effective enforcement of Union environmental legislation at national level. It focuses on the role of three European Institutions, namely the European Commission, the Court of Justice of the European Union and the European Union legislature in the enforcement of EU environmental legislation. The thesis identifies relevant areas of concern in the exercise of the Institutions’ role pertaining to enforcement. Despite certain limitations to which the doctrines of direct effect, consistent interpretation and State liability in damages have been made subject, their utility as enforcement mechanisms has overall been safeguarded by the Court of Justice of the European Union, which has granted national courts the necessary tools to advance the effectiveness of private enforcement of EU environmental legislation. The thesis criticises the Commission’s new enforcement strategy for focusing on formal implementation of EU environmental law, while neglecting the monitoring of application on the ground. Regarding the legislative intervention of the Union, notably in the areas of environmental liability and criminal enforcement, the thesis argues that proper justification for EU action has not been provided and that the stated purpose of the established regimes has not been attained.
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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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FELD, Leonard. "From soft law to hard law : the concept and regulation of human rights due diligence in the EU legal context." Doctoral thesis, European University Institute, 2022. http://hdl.handle.net/1814/74341.
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Defence date: 14 March 2022Examining Board: Professor Stefan Grundmann (Humboldt University Berlin); Professor Mathias Siems (European University Institute); Professor Karin Buhmann (Copenhagen Business School); Professor Robert McCorquodale (University of Nottingham)
This dissertation examines the concept of human rights due diligence (HRDD) under international soft law and its transposition into business regulation, with a particular focus on the European Union context. It traces the evolution of HRDD – starting from the work of the United Nations to the recent contributions of the Organisation for Economic Cooperation and Development. The inquiry finds that HRDD is a concept of remarkable depth, whose features make it suitable to address human rights abuse in the globalised economy. Yet, there are also a number of practical and conceptual concerns. For instance, it is argued that the concept of HRDD features a high level of abstraction, which leads to ambiguities at the stage of implementation. In view of these findings, the transposition of HRDD into business law provides an opportunity, not only to build on the strengths of the concept, but also to counter some of its weaknesses. In addition, the thesis addresses two questions of international law concerning, first, the legality of HRDD legislation in view of its extraterritorial implications and, second, the relationship between relevant legal acts and the duties of states under international human rights law. It is held that regulators enjoy considerable leeway under international law to facilitate or require HRDD even beyond their own borders. Yet, states are presently under no international obligation to regulate HRDD processes – even though new developments are in sight. Finally, drawing on the findings of this research, the dissertation reviews Directive 2014/95/EU and Regulation (EU) 2017/821 as two precedents of HRDD legislation in the European Union. The two legal acts pursue very different strategies to promote HRDD processes with, it is argued, a varying degree of success. Through these assessments, the thesis provides a set of recommendations that may inform the transposition of the concept into business law.
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Fee, Emma. "'A Europe without dividing lines': the normative framework of the European neighbourhood policy - emergent jus gentium or consolidation of jus civile?" Thesis, McGill University, 2005. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=83952.
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The primary focus of this work is Article 57 of the Draft European Constitution, concerning the constitutionalisation of a new aspect in EU external relations law, 'the European Neighbourhood Policy'. No comprehensive study of this constitutional article has yet been undertaken in EU legal research. Through the medium of the title of my thesis I wish to examine whether it amounts to an emergent jus gentium for the EU or its antithesis, the consolidation of jus civile. In parallel with the nature of the subject, this study is necessarily a legal-political one. Key points identified are the strategic use of human rights, extraterritoriality of law, foreign direct investment and legal imperialism. A number of recent developments, both judicial and legislative, have provoked this study.
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Hildebrand, Philipp Michael. "Compliance in the international environmental politics : the case of the European Union." Thesis, University of Oxford, 1994. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.259981.
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Kovaleva, Nadejda V. "Restructuring of European Union agriculture : enforcement and recognition of environmental interest." Thesis, De Montfort University, 1996. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.391081.
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BARANSKI, Marcin. "Constitutional pluralism in the European Union : a critical reassessment." Doctoral thesis, European University Institute, 2021. https://hdl.handle.net/1814/72280.
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Defence date: 26 July 2021Examining Board: Professor Dennis M. Patterson (European University Institute); Professor Gábor Halmai (European University Institute); Professor Jan Komárek (University of Copenhagen); Professor Alexander Somek (University of Vienna)
The aim of this thesis is to offer a comprehensive and critical analysis of one of the most popular and prolific strands in European legal scholarship, i.e., constitutional pluralism. Specifically, the thesis seeks to challenge the central claim advanced by pluralist scholars with regard to the legal structure of the European Union: namely that the relationship between the EU and national legal orders is best conceptualized and understood as a heterarchical rather than hierarchical one. To that purpose, the thesis examines the work of leading scholars of pluralism– –Neil MacCormick, Kaarlo Tuori, Mattias Kumm, and Miguel Poiares Maduro–– all of whom advanced such heterarchical rather than hierarchical understandings of the aforesaid relationship. In so doing, the thesis attempts to address two main questions: first, does pluralism succeed in offering a descriptively and analytically sound account of the common European legal ordering; and second, how do the traditional, positivist, and hierarchical accounts of law fare in comparison with their pluralist contenders? The thesis concludes that while pluralist scholars should be given credit for bringing to light certain distinctive features of the European legal ordering, upon closer examination, their analyses appear to confirm (rather than deny) some crucial insights of said positivist theories, along with their allegedly outdated and distorting, hierarchical understanding of law and legality. Furthermore, it is argued that the pluralist attempts to set aside the positivist questions about the ultimate grounds of law, final authority and constitutional supremacy in the European Union prove unsuccessful in view of the growing constitutional disagreement therein. Finally, the thesis suggests that the nature of the current European legal or constitutional setting is better captured by the notion of national constitutional supremacy, rather than the core pluralist idea of heterarchy.
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CERAN, Olga. "Cross-border child relocation : national law in a united Europe." Doctoral thesis, European University Institute, 2022. http://hdl.handle.net/1814/74359.
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Defence date: 17 March 2022Examining Board: Prof. Stefan Grundmann (Humboldt-Universität zu Berlin & European University Institute); Prof. Martijn Hesselink (European University Institute); Prof. Katharina Boele-Woelki (Bucerius Law School); Dr. Ruth Lamont (University of Manchester)
Cross-border child relocation cases are among the most difficult disputes that family judges need to face. Commentators across the globe disagree on the interpretation of the child's best interests and the relevance of adults' autonomy in this context. As relocations are directly concerned with free movement, the literature has expressed an interest also in the European Union's influences in this area. However, considering its lack of competence in family law and the limited jurisprudence of the Court of Justice of the European Union on such issues, some questions about the scope and nature of obligations imposed by EU law remain open. This thesis investigates, therefore, the following question: What is the (nature of) EU law's influence on cross-border child relocation and what are its effects on national legal systems? Its contribution is two-fold. Methodologically, it proposes a constructively oriented investigation of European influences in child relocation law. Cross-border movement constitutes the main raison d'être of EU law, and a defining feature of its community. Hence, a mixture of traditional values and new ways of life - sanctioned by a supranational entity - might lead to new dilemmas regarding children's interests and adult autonomy and complicate relocation decisions. The suggested approach allows contextual influences to be analysed together with legal doctrines, at both the EU and the national level. Substantively, the thesis builds on existing research to refine the understanding of child relocation in the context of supranational fundamental rights and freedoms in the EU, in their doctrinal and ideational dimensions. Finally, using case law from Germany, Poland, and England and Wales, it qualitatively investigates how national judges encounter the EU and draw from its ideational and legal features. This thesis demonstrates how the normatively inflicted EU context is occasionally used in courts but does not seem to consistently reorient national approaches towards the EU.
Chapter 3 ‘Child relocation and the European framework of human rights' of the PhD thesis draws upon an earlier version published as an article 'Child relocation, soft law, and the quest for umiformity at the European court of human rights : part one' (2020) in the journal ‘Prawa prywatnego’
Chapter 3 ‘Child relocation and the European framework of human rights' of the PhD thesis draws upon an earlier version published as an article 'Child relocation, soft law, and the quest for umiformity at the European court of human rights : part two' (2021) in the journal ‘Prawa prywatnego’
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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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KARAGIANNIS, Yannis. "Preference heterogeneity and equilibrium institutions: The case of European competition policy." Doctoral thesis, European University Institute, 2007. http://hdl.handle.net/1814/15460.
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Defence date: 21 December 2007Examining board: Prof. Adrienne Héritier (EUI)(Supervisor) ; Prof. Christian Joerges (EUI, Law Department) ; Prof. Jacint Jordana (Universitat Pompeu Fabra, Barcelona) ; Prof. Hussein Kassim (Birkbeck College, University of London)
PDF of thesis uploaded from the Library digital archive of EUI PhD theses
One characteristic of European competition policy is its complex governance structure. On the one hand, the European competition regulator has always enjoyed a high degree of formal autonomy from national governments. On the other hand, that regulator has always been embedded in a multi-task and collegial organisation that mirrors intergovernmental politics. Although the literature has often disapprovingly noted this complexity, it has not been explained. Part I elaborates on the theoretical lens for understanding the governance structures of EC competition policy. Despite the prominence of principal-agent models, transaction cost economics seems to offer a more promising venue. The assumption that Member States maximise their total expected gains and postpone excessive bargaining costs leads to the following hypothesis: the greater the preference heterogeneity (homogeneity) between Member States, the higher (lower) the asset-specific investments involved, hence the higher (lower) the risk of post-contractual hold-ups, and hence the more (less) integrated the governance structures created to sustain future transactions. Alternatively, this logic leads to a deterministic hypothesis about the sufficiency of preference heterogeneities for the production of complex governance structures. Part II examines this deterministic hypothesis. Using various sources, and conducting both within- and comparative case- studies, it analyses three important cases: the negotiations of the Treaty of Paris (1951), of the Treaty of Rome (1957), and of the two implementing Council Regulations (1962 and 2003). The evidence shows that (a) the relevant actors do reason in terms of transaction cost-economising, and (b) in the presence of preference heterogeneity, actors create complex governance structures. Nevertheless, it is also found that (c) the transaction cost-economising logic is not as compelling as it may be in private market settings, as bargaining costs are not systematically postponed to the post-contractual stage, and (d) the transaction costs between Member States are not the only relevant costs.
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SCHOLTES, Julian. "The abuse of constitutional identity : Illiberal constitutional discourse and European constitutional pluralism." Doctoral thesis, European University Institute, 2022. https://hdl.handle.net/1814/73873.
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Defence date: 21 January 2022Examining Board: Professor Gábor Halmai, (EUI); Professor Martijn Hesselink, (EUI); Professor Alexander Somek, (University of Vienna); Professor Neil Walker, (University of Edinburgh)
‘Constitutional identity’ has become a key argument in the negotiation of authority between national legal orders and the legal order of the European Union. Many national constitutional courts have declared that the reach of EU law is limited by certain core elements of the national constitution, often labelled ‘constitutional identity’. However, the rise of ‘illiberal democracies’ within the European Union, especially exemplified by the democratic backsliding of Hungary and Poland, has put constitutional identity into a questionable spotlight. Both countries have been leaning on the constitutional identity to both erode European legality and defend their authoritarian constitutional projects againstEuropean criticism. This dissertation deals with the question of how to delimit legitimate invocations of constitutional identity from abuses of constitutional identity. It develops a typology of constitutional identity abuse in three dimensions: The generative, the substantive, and the relational. The generative dimension is concerned with how a constitutional identity claim has come about, its relation to constituent power, constitutional enactment and amendment, the independence of courts, and the regulation of historical memory. The substantive dimension deals with what a constitutional identity claim entails, digging into the normative expectations invoked by the concept and the ways in which it ought to be regarded as intertwined with and embedded in a normative conception of constitutionalism. Finally, the relational dimension is concerned with how a constitutional identity claim is advanced. Advancing a constitutional identity claim in the European legal space evokes notions of diversity, dialogue, recognition, and pluralism, which need to be reciprocated. In each of these dimensions, ways in which constitutional identity can be abused will be identified, using Europe’s ‘backsliding democracies’ Hungary and Poland as the primary case studies, while discussing other countries where appropriate.
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BOIRET, Karolina. "Selective enforcement of EU law : explaining institutional choice." Doctoral thesis, 2016. http://hdl.handle.net/1814/44326.
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Defence date: 5 December 2016Examining Board: Professor Marise Cremona (supervisor), EUI; Professor Miguel Maduro, EUI; Professor Francesco Maiani, University of Lausanne; Doctor Günter Wilms, Legal service, European Commission and Legal Advisor, EUI
The Commission’s policy of selective enforcement rests on four pillars: confidentiality, bilateralism, flexibility, and autonomy. For years, the European Parliament, the Ombudsman and stakeholders have put pressure on the Commission to reform its enforcement policy in order to increase its legitimacy in the eyes of EU citizens by, inter alia, allowing complainants access to documentation from its investigations and securing their rights by means of legally-binding measures. They have sought to replace the Commission’s existing discretionary model of enforcement with a new approach characterized by such standards as transparency, trilateralism, objectivity, and accountability. The Commission, however, supported by the Court of Justice, has in most part resisted these challenges, changing its policy of selective enforcement only to such a degree that does not substantially interfere with its four pillars. This thesis seeks to explain the reasons for the Commission’s commitment to the existing discretionary model of enforcement. By means of the Comparative Institutional Analysis, it is argued that the proposed reforms would distort the balance between the Commission’s demand and supply sides. The Commission’s capacity to enforce EU law is limited, and burdening it with new responsibilities in order to introduce transparency or objectivity to its operation would lead to the formalization of enforcement measures, increasing its administrative burden and decreasing its efficiency. It would skew its attention towards complainant-relevant violations and transform its enforcement into a vehicle for individual grievances running counter to the Commission’s understanding of its enforcement function as guardian of the Treaties. The Commission’s opposition to the accountability approach does not, however, mean a rejection of its demands. The EU Pilot is an example of the Commission’s effort to address some of these expectations while maintaining the balance between the forces of supply and demand. Selective enforcement thus may not be as much about prioritizing cases as it is about assigning appropriate enforcement measures.
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UPTON, Michael. "Practical aspects of the private enforcement of EC competition law." Doctoral thesis, 1996. http://hdl.handle.net/1814/5646.
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BRAUN, Egelyn. "Collective alternative dispute resolution (ADR) for the private enforcement of EU competition law." Doctoral thesis, 2016. http://hdl.handle.net/1814/44324.
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Award date: 30 November 2016Supervisor: Giorgio Monti
The European enforcement landscape is undergoing significant changes that are leading to a departure from the actors, tools and processes traditionally associated with delivering justice. This thesis examines these themes while developing a solution to the private enforcement gap that continues to leave a large number of victims without a remedy, particularly if they have suffered low-value individual harm as a result of competition infringements. In order to ensure that the private enforcement of EU competition law leads to the effective enforcement of EU rights and to the full compensation of all victims, a collective redress device must be developed. In particular, this thesis will explore whether optimal private enforcement outcomes could be achieved through the integration of collective alternative dispute resolution (‘collective ADR’) into a regulatory enforcement architecture as a first choice redress avenue. To date, the use of collective ADR as a private enforcement mechanism has not been considered as a serious policy option on the European level. While this thesis focuses on the use of collective ADR in the context of competition enforcement, it also confronts issues that could be expanded to private enforcement in other fields. Ultimately, the enforcement toolbox should be diversified not only to ensure the successful fulfilment of the regulatory goals, but also to facilitate the transformations that are occurring in the enforcement landscape more broadly.
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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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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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DELLA, NEGRA Federico. "Private law and private enforcement in the post-crisis EU retail financial regulation." Doctoral thesis, 2017. http://hdl.handle.net/1814/47844.
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Defence date: 05 September 2017Examining Board: Prof. Hans-W. Micklitz (EUI Supervisor); Prof. Giorgio Monti, European University Institute; Prof. Mads Andenas, University of Oslo; Prof. Takis Tridimas, King’s College London
The thesis examines the role of private law and private enforcement in the post crisis EU retail financial markets. Whilst private law and private enforcement have been traditionally regarded as 'foreign bodies' in EU financial regulation, the thesis argues that after the global financial crisis, private law and private enforcement, through courts and alternative dispute resolution (ADR) mechanisms, have become essential tools to compensate retail clients against mis-selling and mitigate systemic risk. To substantiate this argument, the thesis analyzes how the national and EU supervisory authorities, ADRs and courts, in Italy, Spain, France and UK, have interpreted and enforced the EU investor protection regulation (conduct, product and disclosure rules) before and after the global financial crisis. This institutional and comparative analysis shows that the EU regulatory duties, via regulation, 'administrative rule-making', out-of-court dispute resolution and litigation, increasingly influence the interpretation of national private law (Europeanization) and determine its consequent instrumentalization to achieve a high level of investor protection and ensure the stability of the financial market. The thesis argues that this form of instrumentalization has led to the creation of private law remedies and procedures which, albeit based on national law, have become tools to ensure the effective protection of the EU-derived rights (hybridization). After the crisis, the process of hybridization is driven not only by the investor protection objective but also by the financial stability objective which can determine a limitation of the private law law rights and remedies of the investor vis-à-vis the financial firm in order to mitigate the systemic risk, arising, in particular, from vexatious litigation. The thesis discusses the complex relationship between the investor protection and the financial stability objectives of EU financial regulation and examines the extent financial stability concerns can lead to a limitation of the investors rights and remedies in financial disputes.
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GIL, IBANEZ Alberto. "A comparative study of the roles of the Commission and national administrations in the supervision and enforcement of EC law." Doctoral thesis, 1996. http://hdl.handle.net/1814/4640.
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HERMANIN, Costanza. "Europeanization through judicial enforcement? : the case of race equality policy." Doctoral thesis, 2012. http://hdl.handle.net/1814/22689.
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Defence date: 23 May 2012Examining Board: Professor Adrienne Heritier (EUI/RSCAS) (Supervisor); Professor Lisa Conant (Univ. Denver); Professor Bruno De Witte (formely EUI/Univ. Maastricht); Professor Daniel Sabbagh (CERI, Sciences Po, Paris).
First made available online on 7 November 2019
Ten years after its enthusiastic adoption in 2000, the Race Equality Directive (RED) - a deeply innovative and indeed overall far-reaching piece of equal treatment legislation – seems to be still little enforced at the level of European courts. Why? Neither a sudden retrenchment of race discrimination in Europe, nor the inaptitude of the policy to generate European Union (EU)-law litigation, can easily explain the scarce signs of the extensive judicial enforcement that characterise other EU equal treatment policies, such as those on EU-nationality, gender and age. This study zooms in on the realm of domestic politics and judicial enforcement to inquire into cross-sectional and cross-national variations in the implementation of EU equal treatment policy. To do so, I rely upon analytical tools developed by three branches of EU studies scholarship — Europeanization, compliance and judicial politics literature — and I apply them to the yet unexplored domain of race equality policy. Tracing the process of transposition, in the first place, and analysing case law databases and expert interviews with legal practitioners, in the second place, I inquire into compliance and judicial enforcement in three EU countries: France, Germany and Italy. The findings of this comparative study confirm a very limited judicial enforcement of the RED, especially as domestic patterns of adversarial litigation in the domain of race equality are concerned. I explain this divergence looking at the ‗containment‘ action that domestic policymakers may exert on directives at the moment of transposition. In the case of the RED, this action crucially impinged on aspects likely to determine enforcement dynamics, such as those elements of the process regulating access to judicial redress. This work shows that in the case of a policy measure such as the RED, focused on individual judicial redress and mainly targeted towards disadvantaged end-users, the harmonization of some process elements is crucial to determining converging implementation dynamics. If Europeanization is contained at the moment of transposition, judicial enforcement can be seriously hindered at the national as well as the supranational levels even in presence of domestic legal mobilization. In addition to that, the thesis shows how limited raceconsciousness is to be found in contemporary European jurisprudence as well as in the claims filed by antidiscrimination law applicants.
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ÖBERG, Jacob. "Limits to EU powers : a case study on individual criminal sanctions for the enforcement of EU law." Doctoral thesis, 2014. http://hdl.handle.net/1814/32931.
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Defence date: 26 September 2014Examining Board: Professor Giorgio Monti, European University Institute (Supervisor); Professor Loïc Azoulai, European University Institute; Professor Valsamis Mitsilegas, Queen Mary University of London; Professor Damian Chalmers, London School of Economics
The question posed by this thesis is how limits can be constructed to the exercise of EU powers. While there are limits to the exercise of EU competences in the Treaties and in the Court of Justice’s jurisprudence, it is argued that those limits suffer from conceptual and practical problems. In particular, the Court does not have appropriate criteria to examine whether the limits of the Treaties have been exceeded by the Union legislator. The thesis uses one of the new, and controversial, competences that the Union has obtained, the power to impose criminal sanctions, as a case study to propose a mechanism by which legislative powers can be kept in check. This is an illuminating and relevant case study. Firstly, it nicely illustrates the limits to the exercise of EU competences. Secondly, legislative practice and political statements suggest that this competence will be used regularly in the future. The thesis makes two proposals. First, by interpreting the scope of the EU’s powers under the Treaties to impose criminal sanctions the thesis shows the limits to the exercise of EU competences. It demonstrates the scope of EU’s competences by analyzing current and proposed criminal law measures. Secondly, noting that a construction of the limits to EU competences also needs to tackle the institutional challenges of judicial review, it develops an argument for a more intense and evidence-based judicial review. It constructs a procedural standard of legality which demands that the EU legislator shows that it has adequately reasoned its decisions and has taken into account relevant evidence. By testing the legality of discretely chosen criminal law measures on the basis of this standard, it is demonstrated how the Court can enforce the limits of the Treaties.
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BLASI, CASAGRAN Cristina. "Towards a global data protection framework in the field of law enforcement : an EU perspective." Doctoral thesis, 2015. http://hdl.handle.net/1814/36995.
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Defence date: 8 June 2015Examining Board: Professor Marise Cremona, European University Institute (Supervisor); Professor Gregorio Garzón Clariana, Autonomous University of Barcelona; Dr. Maria O’Neill, University of Abertay Dundee; Professor Martin Scheinin, European University Institute.
This thesis seeks to examine the existing EU frameworks for data-sharing for law enforcement purposes, both within the EU and between the EU and third countries, the data protection challenges to which these give rise, and the possible responses to those challenges at both EU and global levels. The analysis follows a bottom-up approach, starting with an examination of the EU internal data-sharing instruments. After that, it studies the data transfers conducted under the scope of an international agreement; and finally, it concludes by discussing the current international initiatives for creating universal data protection standards. As for the EU data-sharing instruments, this thesis demonstrates that these systems present shortcomings with regard to their implementation and usage. Moreover, each instrument has its own provisions on data protection and, despite the adoption of a Framework Decision in 2008, this has not brought about a convergence of data protection rules in the JHA field. A similar multiplicity of instruments is also found when the EU transfers data to third countries for the purpose of preventing and combating crimes. This is evident from examining the existing data-sharing agreements between the EU and the US. Each agreement has a section on data protection and data security rules, which again differ from the general clauses of the 2008 Framework Decision. This study demonstrates the influence of US interests on such agreements, as well as on the ongoing negotiations for an umbrella EU-US Data Protection Agreement. One possible way to ensure a high level of EU data protection standards in the field of law enforcement in the face of US pressure is by enhancing the role of Europol. This EU Agency shares information with EU member states and third countries. This thesis demonstrates that Europol has a full-fledged data protection framework, which is stronger than most of the member states’ privacy laws. However, taking Europol rules as a reference for global standards would only partially achieve the desired result. The exchange of data for security purposes does not only involve law enforcement authorities, but also intelligence services. The recent NSA revelations have shown that the programmes used by these bodies to collect and process data can be far more intrusive and secretive than any current law enforcement system. In view of the above, this thesis explores the potential of CoE Convention 108 for the Protection of Individuals with regard to the Automatic Processing of Personal Data and ii the Cybercrime Convention as the basis for a global regime for data protection in law enforcement. This thesis concludes that an optimum global data protection framework would entail a combination of the 108 CoE Data Protection Convention and the Cybercrime Convention. The cumulative effect of these two legal instruments would bind both law enforcement and intelligence services in the processing of data. In sum, by promoting the Europol approach to data protection and existing Council of Europe rules, the EU could play a crucial role in the creation of global data protection standards.
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SOUKMANDJIEV, Nikola. "The role of the European Commission in the infringement proceedings under article 226 EC." Doctoral thesis, 1999. http://hdl.handle.net/1814/5632.
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MILUTINOVIC, Veljko. "Enforcement of Articles 81 and 82 EC before National Courts Post-Courage: Enhancing a community policy or shifting a community law paradigm?" Doctoral thesis, 2009. http://hdl.handle.net/1814/12874.
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Defence date: 10 January 2009Examining Board: Professor Hanns Ullrich, EUI (Thesis Supervisor) Professor Hans-W. Micklitz, EUI Professor Barry Rodger, University of Strathclyde Professor Mario Siragusa, College of Europe
PDF of thesis uploaded from the Library digital archive of EUI PhD theses
The Thesis concerns the development of private enforcement of Community competition law following the judgment of the Court of Justice in Courage v. Crehan. The discussion focuses on the so-called 'Community right to damages' among individuals, established by the Court in that case. It begins with the Community statutory framework for private enforcement (the Treaty provisions and Council Regulation 1/2003) in the first chapter. Chapter Two continues with a brief history of the Community right to damages: from Van Gend en Loos through Francovich and Brasserie du Pêcheur and, finally, to Courage and, more recently, Manfredi. Chapter Three deals with ‘constitutional’ issues, mainly the competence of the Community to regulate actions for damages, not least in light of the ostensible principle of ‘national procedural autonomy.’ Chapter Four elaborates the meaning and content of the right to damages, with reference to case law of the Court. Chapter Five considers nullity and injunctions, as well as the unclear relationship between damages and restitution. Chapters Six and Seven address the problem of the ‘proper’ plaintiff. Finally, Chapter Eight tackles the relationship between decisions of competition authorities and civil proceedings, not least in light of the Commission’s recent proposal to introduce a 'binding effect' of decisions of national competition as a matter of Community law. The Commission’s recent White Paper on damages actions features prominently throughout. The author is broadly supportive of the Commission’s suggestions and considers that the Community does have competence to enhance the possibilities of private plaintiffs to enforce Community competition rules. The taboo of Community regulation of rules of enforcement (liability, remedies and procedure) is challenged and the idea that the Community is developing a private law of its own is endorsed. Similarly, the notion that the binding effect of decisions of competition authorities violates the separation of powers or the independence of the judiciary is dispelled, albeit with a caveat for proper safeguards for the rights of the defence. Generally, caution is recommended, as too much detailed regulation could stifle the flexible, creative development of the law. Lastly, it is noted that some potentially vital issues have been omitted by the Commission, while some of its proposed solutions may not be suitable for the competition context.
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TZANOU, Maria. "The added value of data protection as a fundamental right in the EU legal order in the context of law enforcement." Doctoral thesis, 2012. http://hdl.handle.net/1814/22697.
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Defence date: 13 June 2012Examining Board: Professor Martin Scheinin, European University Institute (EUI Supervisor); Professor Valsamis Mitsilegas, Queen Mary University of London; Professor Tuomas Ojanen, University of Helsinki; Professor Giovanni Sartor, European University Institute.
First made available online: 25 August 2021
This thesis examines the added value of the fundamental right to data protection within the EU legal order when law enforcement measures are at stake. It provides a comprehensive analysis of the concept of data protection, its underlying values and aims, and the approaches to this right. It discusses the current theories and the existing case-law on data protection by identifying their shortcomings. It introduces a new theory on data protection that reconstructs the right and reshapes in a clear and comprehensive manner its understanding. The thesis tests the added value of the ‘reconstructed’ right to data protection in the most difficult context: law enforcement and counter-terrorism. Three specific case-studies of data processing in the field of law enforcement are used: 1) the information collection 2) the information storage and, 3) the information transfer case. The information collection case discusses the EU Data Retention Directive and addresses the conceptual confusions between the rights to privacy and data protection that surround it, before turning to a substantive fundamental rights assessment of the Directive. The information storage case examines the added value of the fundamental right to data protection in the context of the access of law enforcement authorities to information stored on EU-scale databases such as the second generation Schengen Information System (SIS II), the Visa Information System (VIS) and Eurodac. Finally, the information transfer case discusses the role of the rights to privacy and data protection with regard to the transfer of data from the EU to the US for counterterrorism purposes. In this context, it addresses the EU-US PNR and TFTP cases.
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GEOGHEGAN, Basil. "Private enforcement actions for breach of articles 85 and 86 in Ireland and England : with particular reference to causes of action and the sanctions of nullity, injunctions and damages." Doctoral thesis, 1991. http://hdl.handle.net/1814/5555.
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BORZSÁK, Levente. "A Green way out? : or the effects of environmental protection on the public enforcement mechanism." Doctoral thesis, 2008. http://hdl.handle.net/1814/23695.
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Defence date: 11 July 2008Examining Board: Gráinne de Búrca (EUI Supervisor) ; Bruno de Witte (EUI) ; Jane Holder, University College London ; Sybille Grohs, European commission, DG ENV
PDF of thesis uploaded from the Library digital archive of EUI PhD theses
This thesis argues that the present provisions on public enforcement are inadequate for the effective promotion of compliance with Community law and seeks to provide solutions in order to improve them. Article 226 and 228 EC are both cumbersome and lengthy, particularly with regard to environmental protection. In order to reach this conclusion, the thesis reviews the subject of the enforcement procedure, the infringement itself. It gives a definition of compliance and offers reasons why and how Member States comply or fail to comply with Community rules. It analyses the Commission's role in applying the public enforcement mechanism, before it reviews the problems occurring in the application of Article 228, as the “ultima ratio ultimae rationis” in infringement procedures. Although the Commission attempted several times to clarify the application of that Article, there are still open questions. Environment is the field of law which produces the most enforcement problems and if we find solutions to them, we may be able to use the experiences in other sectors, too. After introducing the main approaches promoting compliance, it is argued that more attention needs to be paid to enforcement than to the managerial approach. Reviewing the managerial instruments reveals that they are more powerful when complemented by enforcement means. Consequently, the thesis focuses upon the latter methods, by referring to the case law on Article 228, which demonstrates the success of the public enforcement procedure. The enforcement mechanism, however, is not perfect, thus a variety of solutions is proposed to make it more effective. Along the lines of the amendments introduced in the Treaty of Lisbon, some improvements to these articles are proposed together with a so-called urgency measure, which empowers the Commission to stop – at an early stage – an infringement that might otherwise mean irreparable damage to the environment.
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KOMNINOS, Assimakis P. "Decentralisation and application of EC competition law by national courts and arbitrators : the awakening of EC private antitrust enforcement." Doctoral thesis, 2007. http://hdl.handle.net/1814/6908.
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Defence date: 12 January 2007Examining Board: Prof. Claus-Dieter Ehlermann (Supervisor, European University Institute) ; Prof. Laurence Idot (Ext. co-supervisor, Université Paris I Panthéon-Sorbonne) ; Sir Francis Jacobs (King's College London) ; Prof. Christian Joerges (European University Institute)
First made available online 11 September 2018
This dissertation, written by an academic-cum-practitioner with substantial experience in the field of antitrust enforcement, presents the rise of private enforcement of competition law in Europe, especially in the context of the recent modernisation and decentralisation of EC competition law enforcement. In particular, the study examines the role of courts in the application of the EC competition rules and views that role in the broader system of antitrust enforcement. The author starts from the premise of private enforcement's independence of public enforcement and after examining the new institutional position of national courts and their relationship with the Court of Justice, the Commission, and public enforcement in general, proceeds to deal with the detailed substantive and procedural law framework of private antitrust actions in Europe. The author describes the current post-decentralisation state of affairs but also refers to the latest proposals to enhance private antitrust enforcement in Europe both at the Community level, where reference is made to the December 2005 Commission Green Paper on Damages Actions and its aftermath, and at the national level, where reference is made to recent and forthcoming relevant initiatives.
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SCOTT, David L. "Adjudication and enforcement of fundamental social and economic rights at European level." Doctoral thesis, 1991. http://hdl.handle.net/1814/5623.
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MARKERT, Marat. "Striving for autonomy? : preferences and strategies of governments in the EU’s police and criminal justice cooperation." Doctoral thesis, 2014. http://hdl.handle.net/1814/29639.
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Defence date: 10 January 2014Examining Board: Professor Adrienne Héritier (Supervisor), European University Institute Professor Brigid Laffan, European University Institute Professor Sandra Lavenex, Universität Luzern Professor Wolfgang Wagner, Vrije Universiteit Amsterdam.
An intriguing proposition in the study of the EU’s area of Police and Judicial Cooperation Criminal Matters (PJCCM) has been that Member States’ (governments) institutional choices in this policy area reflect motives to enhance their autonomy/discretion vis-à-vis domestic and/or supranational actors. According to this argument, by cooperating in an intergovernmental setting governments can circumvent domestic institutional constraints, while at the same time keeping the influence of supranational actors at bay. What is the empirical basis of such claims? Do governments’ institutional preferences indeed reflect strategic attempts at increasing their autonomy vis-à-vis domestic actors in law enforcement policies, as suggested by some authors? Moreover, once institutional rules have been put in place, are governments able to use these rules so as to circumvent EU level constraints? To answer these questions this thesis examined institutional preferences and strategies of governments at Treaty negotiations and in the day-to-day policy-making process in the policy area of PJCCM. In the first part of the thesis, the alleged connection between institutional constraints governments face in their domestic arenas and their respective institutional preferences at Treaty negotiations was tested. In a second part, strategic interactions between governments in the EU Council and the European Commission with respect to institutional rules in the legislative process in PJCCM were examined. The empirical results of both parts suggest that while only a moderate connection between domestic constraints and governments’ institutional preference at Treaty negotiations could be identified, there seems to be a systematic relation between rising EU level constraints and strategic institutional choices of actors that reflect motives for autonomy/discretion. The driving factors behind these day-to-day strategic interactions are the ambiguity of and interstitial changes to institutional rules. More specifically, this thesis shows how ambiguous rules over EU competences in PJCCM and changes to these rules via rulings of the Court of Justice lead actors to deploy litigation strategies (Commission), as well as legislative pre-emption strategies (Member States). Furthermore, these conflicts continue to also characterize the policy-making process in PJCCM after formal institutional reforms (post-Lisbon). Going forward, this thesis suggests that more, rather than less, of these strategic interactions will take place in the near future.
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Knott, Ryan Paul. "Extraterritoriality, the effects doctrine and enforcement cooperation through bilateral agreements with regards to antitrust law." Thesis, 2011. http://hdl.handle.net/10210/3640.
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LL.M.Modern competition occurs in a global market and straddles various state borders. This international dimension of competition law (antitrust law) subsequently raises concerns whether one state can apply its competition rules extraterritorially against an undertaking in another country, when the latter behaves in an anti-competitive manner that, for example, have adverse effects in the territory of the former. In the context of such extraterritorial enforcement, the concept of the Effects doctrine as created and developed in the antitrust jurisprudence of the United States plays an important role. In this dissertation the issue of extraterritorial antitrust jurisdiction is investigated in an attempt to suggest a suitable basis for assertion of such jurisdiction. The evolution of the Effects doctrine in the United States and its further development and qualification in American Antitrust jurisprudence is addressed as well as its interrelation with the concept of international comity. Thereafter the basis for assertion of extraterritorial antitrust jurisdiction by the European Community is investigated. In this regard the long favoured Single Economic Entity Theory is addressed as well as the development of a form of Effects doctrine by the European Commission which eventually culminated in acceptance of an “Effects/Implementa-tion doctrine” by the European Court of Justice in the Wood Pulp case. It should however be noted that the scope of the extraterritorial application of the competition rules of the European Community is extended by the EC Merger Control Regulation 139/2004. Thus, the jurisdictional range of the Merger Control Regulation is considered in chapter 4. It is submitted that although the Effects doctrine is competent as sole basis for exercising extraterritorial antitrust jurisdiction, it has various disadvantages, inter alia that it evokes conflict between states due to differences in competition law and policy and various states interests. Consequently co-operation on a bilateral level is investigated in chapter 5 as a possible solution. Finally, the South African stance on the extraterritorial enforcement of its Competition Act 89 of 1998 is investigated in chapter 6 and certain observations and suggestions are made for future exercise of extraterritorial antitrust jurisdiction.
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Modubu, Boitumelo Maleshoane. "A novel interpretation of article 5(1) (b) of the Brussels I Regulation in respect of complex contracts." Thesis, 2015. http://hdl.handle.net/10210/14008.
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VAN, DER SLUIS Marijn. "In law we trust : the role of EU constitutional law in European monetary integration." Doctoral thesis, 2017. http://hdl.handle.net/1814/46925.
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Defence date: 16 June 2017Examining Board: Professor Bruno De Witte, EUI (Supervisor); Professor Deirdre Curtin, EUI; Professor Fabian Amtenbrink, Erasmus University Rotterdam; Professor Mark Dawson, Hertie School of Governance Berlin
Prior to the euro, the topics of constitutional law and monetary policy rarely overlapped. Money was regulated, on the national level, through the ordinary legislative procedures. For European monetary union, the use of constitutional law was nevertheless attractive because it meant that the MS would be in control of the negotiation process, because it enabled a very independent central bank and because it kept the MS in control over the future of the euro. The lack of trust among MS to share a currency was overcome by an abundant trust in law. As the euro was negotiated as a constitutional currency, this created specific opportunities and obstacles for the different parts of the EMU. Once the euro finally came into existence, the constitutional framework of the euro proved remarkably stable for the first decade and a half. After the excitement of Maastricht, monetary policy very quickly became boring again, in no small part due to constitutional law. Unfortunately, EMU primary law was quite successful. During the euro-crisis, EMU primary law shaped the responses to the crisis by placing fewer obstacles on some routes to change than on others. As the crisis developed, some conflicts became the topic of much legal debate and even judicial decisions, whilst other parts of euro-crisis law met with few objections, despite some legally problematic aspects. The possibilities for further reform of the Eurozone without treaty change are then largely the result of the process of reform until now.
Chapter 3 ‘The constitutional Euro' of the PhD thesis draws upon an earlier version published as a working paper 'The variable geometry of the eurocrisis: a look at the non-euro area Member States' (2015), 2015/33 EUI Working Paper Law.
Chapter 1 ‘Monetary policy and constitutional law before the euro' of the PhD thesis draws upon an earlier version published as a contribution 'Maastricht revisited: economic constitutionalism the ECB and the Bundesbank' (2014) in the book ‘The constitutionalization of European budgetary constraints’
The conclusion of the PhD thesis draws upon an earlier version published as an article 'EU law for a new generation?' (2016) in the journal ‘International journal of constitutional law’
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KOUNEVA, Magdalena. "Joint ventures in European Community competition law." Doctoral thesis, 2000. http://hdl.handle.net/1814/5591.
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SCHMIDT-KESSEN, Maria José. "IP competition conflicts in EU law through five judicial lenses." Doctoral thesis, 2018. http://hdl.handle.net/1814/55264.
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Defence date: 21 May 2018Examining Board: Prof. Giorgio Monti, EUI (EUI Supervisor) ; Prof. Urska Šadl, EUI ; Prof. Inge Govaere, College of Europe, Bruges ; Prof. Alison Jones, King's College, London
This PhD thesis deals with IP-competition conflicts and how the EU Courts have addressed them over time. It seeks to answer the question of how the reasoning of EU Courts in these cases has been affected by three crucial evolutionary moments in EU law: (1) the Europeanization of IP law (2) the modernization of EU competition law and (3) the elevation of the Charter of Fundamental Rights of the European Union to a primary source of EU law. The first two chapters provide the theoretical framework of the thesis. The first chapter provides a detailed overview of the three crucial evolutionary moments in EU law mentioned above. The second chapter provides an overview of theories about the legal reasoning of EU Courts and about the different approaches that the courts have adopted when deciding IP-competition conflicts. Five such approaches, or judicial lenses, are identified: an economics, a conflict of laws, a conflict of competences, a constitutional and a private law approach. It is shown that these five different approaches can be linked to the three evolutionary moments at the IP-competition interface in EU law. Chapters three to five trace the theoretical insights from the first two chapters in three case studies on specific business methods having given rise to IP-competition conflicts before EU Courts: (i) selective distribution systems, (ii) digital platforms and restrictions of access, and (iii) lock-in strategies on aftermarkets, in particular in the online environment. The case studies analyse how these comparable factual situations of IP-competition conflicts have been treated on the one hand under EU competition law and on the other under EU IP law. In each case study, the legal reasoning is identified and compared between EU competition and IP law. The main finding in the case studies is that EU Courts treat the spheres of EU competition law and IP law as wholly separate. This has led to quite diverging approaches in comparable cases of IP-competition conflicts depending on whether the cases are brought under EU competition law or IP law, jeopardizing the systemic coherence of EU law and disturbing the CJEU’s dialogue with national ii courts. This situation is not sustainable. In an economic environment where the EU’s economies are increasingly depending on e-commerce and digital assets often protected by IP, IP-competition conflicts are bound to increase. To ensure a legal environment that provides legal certainty and equal conditions for firms to thrive across EU Member States without hurting consumers, a more coherent and improved methodological guidance on how to address IP-competition conflicts is needed. The aim of this thesis is to provide a first step in this direction.
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GUSTAFSSON, Magnus. "The role of commercial arbitrators in enforcing European Competition Law : with special emphasis on Swedish law." Doctoral thesis, 2000. http://hdl.handle.net/1814/5547.
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Award date: 15 December 2000Supervisors: Petros Mavroidis and Claus-Dieter Ehlermann
PDF of thesis uploaded from the Library digitised archive of EUI PhD theses completed between 2013 and 2017
The topic chosen for this dissertation — the role of commercial arbitrators in enforcing European competition law — may, at least for someone not familiar with arbitration, seem slightly misplaced. After all, competition law is a subject and body of law of a public nature, enforced by governmental administrative agencies, as well as national courts. What has it got to do with arbitration? The simple answer is that arbitration is an extremely common mechanism through which commercial disputes are settled. Companies wish to avoid litigating ‘in the open’, as involvement in litigation in principle reflects negatively on a company and its reputation, even if it is successful in the courtroom. Therefore they are likely to choose arbitration, by stipulating to that effect in their contracts with business partners. Furthermore, it seems to be generally held that competition law is gaining increased importance for arbitrations, something which one may assume is due, 'inter alia', to companies becoming more aware of the advantages one may gain in litigation by relying on those rules.
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BOUCON, Lena. "EU free movement law and the powers retained by member states." Doctoral thesis, 2014. http://hdl.handle.net/1814/34842.
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Defence date: 12 December 2014Examining Board: Professor Loïc Azoulai, European University Institute (Supervisor); Doctor Julio Baquero Cruz, European Commission; Professor Michael Dougan, Liverpool Law School; Professor Joseph H. H. Weiler, European University Institute.
The intention of my thesis is to shed light on a technique of integration implemented by the European Court of Justice described as 'power-based approach.' Frequently neglected and overlooked, it is distinct from the ECJ traditional rights-based approach. It materializes in a specific range of free movement cases where Member States are suspected of having impinging on the free movement principle – understood as encompassing the four economic freedoms and EU citizenship – when they exercise what the Court deems as being their retained powers. A variety of fields are concerned, such as nationality, direct taxation, social security, or education. My overall claim is that the power-based approach contributes to defining and shaping the contours of the relationship between the European Union and its Member States, of EU interstate relations and, ultimately, of Union membership. I start with an attempt at deconstruction to identify the defining features of the cases concerned by this approach: (i) they revolve around the structural notion of power; (ii) the applicability of the free movement principle stems from the disjunction of the scope of application of EU law from the scope of EU powers; (iii) the settlement of the conflicts at hand amounts to a 'mutual adjustment resolution,' which consists in putting limitations on the exercise of the powers retained by Member States, while the Court itself tends to soften its own approach to protect national autonomy. I then proceed with an effort at reconstruction. First, I identify the jurisdictional implications of the power-based approach. Next, I look into its implications for membership of the Union. Lastly, I provide an overall critical and structural reassessment. I show that the silence of the Court regarding the rationale behind its approach has the effect of weakening its legitimacy and its authority. I finally identify its resulting structural model.
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WESSELING, Rein. "Constitutional developments in EC antitrust law." Doctoral thesis, 1999. http://hdl.handle.net/1814/4823.
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GIBBS, Alun Howard. "Thinking constitutionally about the European Union's area of freedom, security and justice." Doctoral thesis, 2009. http://hdl.handle.net/1814/12026.
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Defence date: 15/06/2009Examining Board: Profs. Hans Lindahl (Tilburg University); Kimmo Nuotio (University of Helsinki); Wojciech Sadurski (EUI); Neil Walker (Supervisor, former EUI and University of Edinburgh)
PDF of thesis uploaded from the Library digital archive of EUI PhD theses
This thesis sets out to consider the constitutional implications of a policy of legal integration regarding internal security matters in the EU. It argues that constitutional theory is fundamental to addressing the legality and accountability concerns raised about the developing legal practice of the EU’s ‘Area of Freedom, Security and Justice’ (AFSJ). Conducting such a study poses important questions about how to pursue a constitutional approach to legal and political practices which do not resemble in any straight forward way the constitutional tradition of the nation state. This thesis advances the argument that constitutional theory cannot properly be construed as a ‘tool-kit’, a set of rules or principles with universal validity to cause a state of affairs or event then dubbed as legality or accountability. Instead it is argued that constitutional theory must work to reveal the issues of restraint, accountability or legality that are in fact part of an ongoing practice, not a one-off settlement; in which the theorist attempts to disclose or reveal the meaningfulness of what is described as the ‘common experience of the political way of life’. Consequently the first part of the thesis outlines how constitutional theory can establish the features of the ‘common experience of the political way of life’ (also referred to as the ‘constitutive function’) and it explains that meaning is situated in a historical background, which is uncovered by the theorist by providing an interpretation of this background. The thesis therefore advances and defends an interpretive theory of legal scholarship. These methodological parameters provide an appropriate means of making sense of the developments in the EU concerning the AFSJ, which thereafter becomes the focus of the thesis. In particular it concentrates on the importance of developing an understanding of public goods that form the basis as to why it is possible to think in constitutional terms about the AFSJ. The approach taken to public goods is that they manifest the meaningful commitments of a political community and therefore cannot be construed in instrumental terms. The thesis outlines that the constitutional issues facing the AFSJ are often collapsed into matters of instrumentalism that conceals the need to engage with the on-going meaning of the practices as forming part of a common political way of life. It is argued in conclusion that the thesis has provided a more robust way of not only considering the challenges facing the emerging internal security policies of the EU but has also provided an appropriate theoretical approach for the study of such issues in constitutional theory.
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HEDELUND, FRANDSEN Mette. "A comparative legal analysis of the impact of the EEC competition law on domestic nordic competition law." Doctoral thesis, 1995. http://hdl.handle.net/1814/4655.
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HÄGGLÖF, Mikael. "Emissions trading and competition law : refusal to supply marketable pollution permits." Doctoral thesis, 1999. http://hdl.handle.net/1814/5544.
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VAN, DE SCHEUR Sebastian B. W. "Oligopoly behaviour as abuse of collective dominance in EU competition law." Doctoral thesis, 2013. http://hdl.handle.net/1814/28057.
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Defence date: 31 May 2013Examining Board: Professor Heike Schweitzer, University of Mannheim (EUI Supervisor); Professor Giorgio Monti, European University Institute; Professor Wouter Devroe, Catholic University of Leuven; Professor Hanns Ullrich, Max Planck Institute for Intellectual Property and Competition Law.
PDF of thesis uploaded from the Library digital archive of EUI PhD theses
Abuse of collective dominance under Article 102 TFEU is a bit of a blind spot in European competition law. The concept has been relatively well developed for the purpose of merger control and serves to support the Commission in blocking a concentration that could facilitate tacit coordination of strategic behaviour between competitors in an already concentrated market. Case law and literature agree that tacit collusion in a tight oligopoly may also subject companies to theduties and prohibitions of Article 102 even in the absence of individual dominant market power, but little has been written about when such abuse might occur. The possible application of Article 102 to "oligopoly behaviour" remains an abstract theory with little practical applicability. That is dangerous, given the fact that the doctrine laid down in merger cases Airtours and Impala gives lots of discretion to a competition authority determined to remedy suboptimal markets by sanctioning oligopolists for abuse of collective dominance. This dissertation presents a novel approach to the application of the concept of abuse of collective dominance to behaviour by interdependent companies in a concentrated market. Rather than trying to catch tacit collusion or supracompetitive oligopoly prices, the focus of enforcing Article 102 in oligopoly should be on practices by which one or more incumbents exclude outsiders (newcomers, innovators and fringe competitors) to the benefit of the incumbent 'insiders' of the oligopolistic equilibrium. Doctrinally, this approach necessitates a breach with the objective concept of abuse as used in cases of single dominance, because it requires the demonstration of a causal link between market power and abuse. The resulting test for abuse of collective dominance in oligopolistic markets is a tough one to satisfy, but considering that oligopoly is still infinitely more dynamic than monopoly, that may just be the right outcome.
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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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ÖBERG, Marja-Liisa. "Expanding the EU internal market without enlarging the Union : constitutional limitations." Doctoral thesis, 2015. http://hdl.handle.net/1814/36998.
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Defence date: 17 September 2015Examining Board: Professor Marise Cremona, European University Institute (Supervisor) ; Professor Loïc Azoulai, European University Institute ; Professor Christophe Hillion, University of Leiden ; Professor Stephen Weatherill, University of Oxford.
One of the most significant roles of the EU in the world is that of being a norms exporter. The EU has concluded numerous agreements with countries in its neighbourhood with the aim of encouraging third countries to adopt EU acquis in exchange for access to the internal market. The most ambitious of these agreements are the three multilateral agreements establishing the European Economic Area, the Energy Community and the European Common Aviation Area, respectively. The common feature of these agreements is the aim of extending to third countries either the entire internal market or a sector thereof. Achieving this objective is, however, challenged by the difficulty of circumscribing precisely the scope of the internal market and delimiting it from other EU policies, the sui generis nature of the EU legal order and the proclaimed need to protect its autonomy. An analysis of the concept of the internal market, the EU’s foundational principles and the institutions and procedures in place in the EU and in the three agreements for achieving and maintaining homogeneity within the expanded internal market reveals that it is, indeed, possible to extend the internal market to third countries. However, the level of homogeneity in the expanded market depends heavily on the goodwill of third country decision--makers, national administrators and, especially, courts to adopt and give the same effect to rules of EU origin outside the EU as within the Union. The objective of full homogeneity within an expanded internal market inevitably requires a certain transfer of supranational characteristics also to the agreements exporting the acquis.
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AVBELJ, Matej. "Theory of European Bund." Doctoral thesis, 2009. http://hdl.handle.net/1814/12043.
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Defence date: 30 June 2009Examining Board: Prof. Neil Walker, University of Edinburgh (Supervisor); Prof. Bruno de Witte, European University Institute; Prof. Samantha Besson, University of Fribourg; Prof. Stephen Weatherill, University of Oxford
PDF of thesis uploaded from the Library digital archive of EUI PhD theses
This thesis lays down in seven chapters a revised theoretical foundation for European integration - the theory of European Bund. Relying on a social constructivist meta-theoretical methodological approach, it starts off with an observation that European integration, as a social phenomenon, has been socially constructed through the activities of social actors, which have been conducted on the basis of certain narratives - the narratives of European integration. As the process of integration has run into problems this has been, following the social constructivist maxima, due to its deficient narratives. Because of the complex discontinuity of European integration and in particular due to the narratives' intrinsic reliance on the monistic mindset, these have in their battle for domination through institutionalization not only failed to grasp the existing nature of European integration, but have moreover and because of that furnished it with unfeasible, incoherent and hence undesirable normative guidance. The proposed theory of European Bund splits with the monistic mindset. It is based on three founding pillars: legal-institutional, socio-political and philosophical, which constitute its distinct character and set it apart from the other theoretical approaches in the field. As such, the theory of European Bund not only provides a better descriptive and explanatory account of European integration, but it also comes with advantageous normative prescriptions for the integration's long term viability that make the best of it, given its unique, above all legal, but also socio-political pedigree. Last but not least, the theory of European Bund is not a constitutional theory, it shall not be addressed as such, and consequently the nature of European integration ought not to be regarded as constitutional either.
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TUYTSCHAEVER, Filip. "The changing conception of differentiation in European Union law." Doctoral thesis, 1998. http://hdl.handle.net/1814/4810.
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Defence date: 20 November 1998Examining board: Prof. Francis Snyder, European University Institute (supervisor) ; Prof. Claus-Dieter Ehlermann, European University Institute (co-supervisor) ; Mr. Ricardo Gosalbo-Bono, Legal Service, Council of European Union
PDF of thesis uploaded from the Library digitised archive of EUI PhD theses completed between 2013 and 2017
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CONDON, Rónán. "Tort law beyond the reasonable man : re-thinking tort law beyond the state." Doctoral thesis, 2017. http://hdl.handle.net/1814/46671.
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Defence date: 7 June 2017Examining Board: Professor Hans-Wolfgang Micklitz, European University Institute; Professor Stefan Grundmann, European University Institute; Professor Simon F Deakin, University of Cambridge; Professor (Emeritus) Karl-Heinz Ladeur, Universität Hamburg
This thesis explores the evolution of tort law through the prism of three paradigms of modernity, namely, the society of individuals, organizations and networks. These models build on Karl-Heinz Ladeur’s pioneering work. Tort law developed in a society of individuals which is considered a radical break with prior methods of social organization. While the core of private law was contract law modelled on the abstract will, tort law set outer boundaries on the will but its shape was individualistic focusing on individualized conduct. In the twentieth century, with the rise of the society of organizations, tort law was reshaped towards providing remedies fit for a society of organizations. This is evident both in terms of how tort law was adapted to the private firm and the state as service-provider. We find that the concept of vertical vicarious liability fits the way in which tort law abstracted from the reasonable man per se, to embrace the organizational setting in which agents conducted their activities. Our third paradigm, that of the society of networks, is emergent. It blurs lines between private and public and, additionally, the existing normative models of liability – whether individualized or organizational – are not aligned. With the breaking of the territorial frame of the nation-state coinciding with the emergence of a society of networks we investigate whether actors, which might previously be considered 'peripheral' to a tort and, therefore, outside the organizational model of liability are, from the perspective of the horizontal sociological network, once again potential normative addressees of liability. We argue that European law de lege lata is beginning to bring such actors within its scope of application. Making sense of these developments in an overall framework of an emerging society of networks and, additionally, arguing what the stakes are, and how they may be fitted into legal, normative argument, is the task of our final chapters.