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1
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.
Texte intégralRésumé :
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.
2
ENRIGHT, Sarah Ryan. « Disability discrimination and the European Union : the impact of the framework employment directive 2000/78/EC ». Doctoral thesis, European University Institute, 2005. http://hdl.handle.net/1814/5564.
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Award date: 1 December 2005Supervisor: M. A. Moreau
In this thesis I propose to examine the effectiveness of the non-discrimination legislative framework now in place at the European level as a tool for achieving fairness and a decent standard of living for people with disabilities. With this aim in mind, the first section of the thesis will examine what factors led the Union to frame its work in the promotion of disability rights and how current anti-discrimination legislation emerged as a result. Section two goes on to examine the relationship between equality and disability and how the notion of equality can be applied to disability discrimination. Section three is dedicated to an analysis of the Framework Directive and its effectiveness in ensuring protection and rights for people with disabilities in the labour market. Finally section four examines the potential of the most innovative part of the Directive for people with disabilities, the concept of reasonable accommodation, which has been introduced to EU law for the first time by Article 5 of the Directive.
3
Shi, Feng. « Principles of European Union water law ». Thesis, University of Macau, 2007. http://umaclib3.umac.mo/record=b1944040.
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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.
Texte intégralRésumé :
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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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.
Texte intégralRésumé :
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.
6
Zhu, Feng. « EU energy policy after the Treaty of Lisbon : breakthroughs, interfaces and opportunity ». Thesis, University of Macau, 2012. http://umaclib3.umac.mo/record=b2580185.
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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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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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BELL, Mark. « EU anti-discrimination law : the cases of race and sexual orientation ». Doctoral thesis, 2000. http://hdl.handle.net/1814/4559.
Texte intégralRésumé :
Defence date: 14 January 2000Examining board: Colin Crouch, EUI (co-supervisor) ; Gráinne de Búrca, EUI ; Barry Fitzpatrick, University of Ulster ; Elspeth Guild, University of Nijmegen ; Silvana Sciarra, EUI (supervisor)
PDF of thesis uploaded from the Library digitised archive of EUI PhD theses completed between 2013 and 2017
10
BLOM, J. A. H. « Indirect discrimination in EC law : and its application in Member States ». Doctoral thesis, 1992. http://hdl.handle.net/1814/5485.
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BOEGER, Nina. « Re-visiting services of general interest : what model for the Union ? » Doctoral thesis, 2004. http://hdl.handle.net/1814/5484.
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12
HERMANIN, Costanza. « Europeanization through judicial enforcement ? : the case of race equality policy ». Doctoral thesis, 2012. http://hdl.handle.net/1814/22689.
Texte intégralRésumé :
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.
13
PAGER, Sean A. « Strictness vs. discretion : the European Court of Justice's dual vision of gender equality ». Doctoral thesis, 2002. http://hdl.handle.net/1814/5656.
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ZYSK, Malgorzata. « Legal responses to the problem of age discrimination in the European Union : does the law fit its purpose ? » Doctoral thesis, 2006. http://hdl.handle.net/1814/4831.
Texte intégralRésumé :
Defence date: 13 February 2006Examining Board: Prof. Silvana Sciarra (Supervisor, European University Institute) ; Prof. Bruno De Witte (European University Institute) ; Prof. Christopher McCrudden (university of Oxford) ; Prof. Michal Seweryński (University of Łódź)
PDF of thesis uploaded from the Library digitised archive of EUI PhD theses completed between 2013 and 2017
15
CASQUEIRA, CARDOSO Joao. « Conceptions et politiques des mesures d'action positive ». Doctoral thesis, 1997. http://hdl.handle.net/1814/4592.
Texte intégralRésumé :
Defence date: 19 November 1997Examining board: Maria Vittoria Ballestrero (Università di Genova) ; Prof. Yota Kravaritou (IUE, Directrice de thèse) ; Prof. Antoine Lyon-Caen (Université de Paris X-Nanterre, Co-Directeur de thèse) ; Prof. Éliane Vogel-Polsky (Université Libre de Bruxelles)
PDF of thesis uploaded from the Library digitised archive of EUI PhD theses completed between 2013 and 2017
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RUINAARD, Eveline C. « The reconciliation of family and work responsibilities : a legal approach ». Doctoral thesis, 1992. http://hdl.handle.net/1814/5447.
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MONTEJO, PUIG DE LA BELLACASA Blanca. « Free movement of workers and supplementary pension schemes : the reform of the welfare and its adaption to the European Community framework ». Doctoral thesis, 1999. http://hdl.handle.net/1814/5465.
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JAVAID, Fouzia. « NGOs and the EU policy process : the impact of the starting line group on EU anti racism policy ». Doctoral thesis, 2000. http://hdl.handle.net/1814/5526.
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DAUCK, Kirsten. « The Community Charter of the fundamental social rights for workers : what was it good for ? » Doctoral thesis, 1996. http://hdl.handle.net/1814/5571.
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NADAL, Sophie. « Le dialogue social communautaire : Reflexions critiques ». Doctoral thesis, 1990. http://hdl.handle.net/1814/5594.
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SCOTT, Joanne. « An analysis of the interpretative approach of the U K courts and the European Court of Justice in relation to legal provisions guaranteeing equal pay for equal work for men and women ». Doctoral thesis, 1988. http://hdl.handle.net/1814/5622.
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SCHMIDT, Claudia. « Der Wandel des allgemeinen Diskriminierungsverbots vom Marktbürger-zum Unionsbürgerrecht : Zugleich ein Beitrag zur Auslegung von Art. 12 S. 1 EG ». Doctoral thesis, 2003. http://hdl.handle.net/1814/5669.
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KILPATRICK, Claire. « The circulation, use and conceptualization of European sex equality norms : a comparative analysis ». Doctoral thesis, 1997. http://hdl.handle.net/1814/4673.
Texte intégralRésumé :
Defence date: 1 July 1997Examining board: Prof. Brian Bercusson, University of Manchester (co-supervisor) ; Prof. Bob Hepple, University of Cambridge ; Prof. Antoine Lyon-Caen, University of Paris X Nanterre ; Prof. Silvana Sciarra, European University Institute (supervisor) ; Prof. Spiros Simitis, University of Frankfurt
24
KAS, Betül. « 'Hybrid' collective remedies in the EU social legal order ». Doctoral thesis, 2017. http://hdl.handle.net/1814/46964.
Texte intégralRésumé :
Defence date: 21 June 2017Examining Board: Prof. Hans-W. Micklitz, EUI (Supervisor) Prof. Marise Cremona, EUI Prof. Laurence Gormley, University of Groningen Prof. Fernanda Nicola, Washington College of Law, American University
The aim of this thesis is to illustrate, on the basis of a socio-legal study presented in three qualitative case studies, the role of hybrid collective remedies in enforcing European socially oriented regulation, in particular environmental law, anti-discrimination law and consumer law, for the creation of a European social legal order, which is able to gradually counter its perceived internal market bias. The hybrid collective remedies at stake in the three case studies – each case study constituted by a preliminary reference to the CJEU – are symptomatic of the three legal-political fields at stake. With the EU taking a leading role in the three fields for the purpose of complementing the creation of an internal market, the EU has decoupled the fields from their national social welfare origin and re-established a policy which is not so much based on ensuring social justice, but more based on procedural mechanisms to ensure access justice. Likewise, the EU left the creation of collective remedies fostering a genuine protective purpose to the Member States. The national and European models of justice underlying the three legal-political fields and their remedies are of a complementary, i.e., of a hybrid nature, and are moving towards the creation of an integrated European social order. The creation of the European social order via national actors using the preliminary reference procedure to implement the three policies at stake goes hand in hand with the creation of a European society.
25
CROON, Johanna. « Reconceptualizing European equality law : a comparative institutional analysis ». Doctoral thesis, 2013. http://hdl.handle.net/1814/28033.
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Defence date: 5 June 2013Examining Board: Professor Miguel Maduro, European University Institute (Supervisor) Professor Mattias Kumm, European University Institute Professor Neil Komesar, University of Wisconsin Professor Christoph Möllers, Humboldt Universität, Berlin.
PDF of thesis uploaded from the Library digital archive of EUI PhD theses
The thesis seeks to widen our understanding of the general principle of equality within European Union law. In its approach it is theoretically ambitious yet grounded in case law analysis. After an introduction into the origins of the notion of equality, the thesis sets out to deconstruct the adjudication by the European Court of Justice as well as by selected Member State courts on some of the most pressing issues of European equality law via the means of comparative institutional analysis. More specifically, it examines the diversity of applied standards of testing by the European Court of Justice, its handling of reverse discrimination and its dealing with affirmative action. Moreover, it looks at the Austrian and German case law on reverse discrimination. Through this exercise, the thesis illustrates that the judges are in their decisions both guided by reaching a 'fair' outcome to the cases and by reflections on their ability to rule on egalitarian issues. The work describes in detail how institutional considerations inform judicial decisions in matters of equality. Building on the finding that institutional thinking influences judicial decision making, the thesis continues to ask whether this practice is desirable. Its concluding chapter argues for an adaptation of the existing equality doctrine in European Union law in order to provide judges, practitioners and academics with tools to merge institutional considerations along with legalist interpretation of equality guarantees in an open and comprehensible manner.
26
SOHRAB, Julia Adiba. « Sexing the benefit : women social security and financial independence in EC equality law ». Doctoral thesis, 1994. http://hdl.handle.net/1814/4791.
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GUERRERO, Marion. « Lawyering for LGBT rights in Europe : the emancipatory potential of strategic litigation at the CJEU and the ECtHR ». Doctoral thesis, 2018. http://hdl.handle.net/1814/60246.
Texte intégralRésumé :
Defence date: 17 December 2018Examining Board: Professor Claire Kilpatrick, EUI (EUI Supervisor); Professor Ruth Rubio, EUI; Professor Kees Waaldijk, Leiden University; Professor Iyiola Solanke, University of Leeds
In Europe, the decisions of the Court of Justice of the European Union (CJEU) and the European Court of Human Rights (ECtHR) develop influence that transcends the particular case at hand. While this development has been criticised by progressive scholars, this thesis argues that it also enables civil society to participate in judicial decision making processes. In the context of Lesbian, Gay, Bi and Transgender (LGBT) rights, this thesis investigates whether "strategic litigation" before the European High Courts can be a feasible and emancipatory endeavor. The concept of "strategic litigation" - developing long-term litigation strategies in order to induce legal, social and/or political reform - is based on the recognition that adjudication is, to a large extent, a political process. To this end, strategic litigation as a (political) strategy is introduced and positioned within legal theory and the literature on "cause lawyering." Within Europe, this thesis focuses on the ECtHR and the CJEU as potential fora for strategic litigation. In order to assess their case law from an activist point of view, a "strategic litigation opportunities" framework is designed. This framework both illuminates indicators for activist intervention, and highlights the agency of LGBT rights advocates in litigation. By doing so, it challenges the view of adjudication as a purely “top-down” process. Lastly, a case study on the US LGBT rights movement, and the effective strategic litigation on (same-sex) marriage equality it has engaged in, serves as an example for the successful application of a long-term cause lawyering approach. Ultimately, this thesis will conclude that strategic LGBT rights litigation at the European High Courts can, indeed, be a feasible and emancipatory endeavour, by establishing: 1) European High Courts exert quasi-legislative power. 2) European High Courts provide procedural spaces for activist LGBT rights lawyers. 3) The European High Courts’ case law can be analysed and utilised in a progressive LGBT-rights enhancing way.
One Chapter of the PhD thesis draws upon an earlier version published as an article 'Jenseits der Kernfamilie 'funktionale Elternschaft', eine progressive Alternative aus den USA' (2010) in the journal ‘Juridikum
One chapter of the PhD thesis draws upon an earlier version published as chapter 'Activating the courtroom for same-sex family rights : windows of opportunity for strategic litigation before the European Court of human rights (ECtHR)' (2014) in the book ‘Rights on the move : rainbow families in Europe : proceedings of the conference : Trento, 16-17 October 2014’
28
VIELLE, Pascale. « Le cout indirect des responsabilités familiales : sa reconnaissance en droit compare, européen et international de la sécurite sociale dans la perspective de l'égalite des chances entre femmes et hommes ». Doctoral thesis, 1997. http://hdl.handle.net/1814/4813.
Texte intégralRésumé :
Defence date: 03 November 1997Examining board: Prof. Silvana Sciarra (Directrice de thèse), Institut Universitaire Européen ; Prof. Jean Jacqmain (Co-directeur de thèse), Université Libre de Bruxelles ; Prof. Colin Crouch, Institut Universitaire Européen ; Prof. Alain Supiot, Université de Nantes
PDF of thesis uploaded from the Library digitised archive of EUI PhD theses completed between 2013 and 2017
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WADDINGTON, Lisa. « More disabled than others : the employment of disabled people within the European Community an analysis of existing measures and proposals for the development of an EC policy ». Doctoral thesis, 1993. http://hdl.handle.net/1814/4820.
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Defence date: 6 December 1993Examining Board: Prof. Erian Bercusson, European University Institute (supervisor) ; Dr. Lammy Betten, Rijksuniversiteit Utrecht ; Prof. Ad Geers, Rijksuniversiteit Limburg ; Prof. Yota Kravaritou-Manitakis, European University Institute ; Dr. Christopher McCrudden, Lincoln College, Oxford
First made available online on 26 January 2017.
To be a disabled citizen of the European Community at the present time means to be disadvantaged. Naturally the degree of that disadvantage varies between individuals, even between individuals with similar impairments, but its discriminatory nature does not. The disadvantage stems primarily from the institutionalised forms of discrimination which people with impairments are forced to confront every day of their lives. These involve physical (architectural) barriers, assumptions of inferiority, inflexible structures and organisations, and the very conception of "normality”. This discrimination touches every aspect of life - education, relationships, social activities, housing and employment, and marginalises some ten per cent of the Community’s population, i.e. no less than 33 million people. Up until now the adoption and implementation of measures to improve the quality of life available to disabled people and to promote their integration has been regarded as largely the prerogative of Member States. This approach can no longer be regarded as satisfactory in a period when the Community is increasingly coming to exert an influence over many of the areas which directly affect or influence the life of its disabled citizens: the establishment of the internal market, harmonisation of standards and goods, free movement of persons, vocational training and the mutual recognition of diplomas to mention but a few. It is the argument of this thesis that Community intervention, which respects the principle of subsidiarity, is now called for in certain fields of disability policy. The most obvious area for such intervention, given the primarily economic nature of the original EEC Treaty and much of the subsequent Community legislation, is the employment of disabled people - although it must be recognised that the desired economic integration cannot occur without complementary measures to promote social integration. The focus of this thesis shall therefore be the need, scope and possible content of a European Community policy to promote the employment of people with disabilities.
30
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.
Texte intégralRésumé :
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.
Texte intégralRésumé :
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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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.
Texte intégralRésumé :
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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PASTOR, MERCHANTE Fernando. « The role of competitors in the enforcement of state aid law ». Doctoral thesis, 2014. http://hdl.handle.net/1814/34562.
Texte intégralRésumé :
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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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.
Texte intégralRésumé :
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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STAVROULAKI, Theodosia. « Integrating healthcare quality concerns into a competition law analysis : mission impossible ? » Doctoral thesis, 2017. http://hdl.handle.net/1814/49704.
Texte intégralRésumé :
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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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.
Texte intégralRésumé :
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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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.
Texte intégralRésumé :
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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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.
Texte intégralRésumé :
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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BRUYNINCKX, Tim. « Enriching public procurement regulation through EU state aid law based principles ». Doctoral thesis, 2017. http://hdl.handle.net/1814/46751.
Texte intégralRésumé :
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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DESOMER, Marlies. « Reform of the European Union's legal instrument ». Doctoral thesis, 2003. http://hdl.handle.net/1814/5508.
Texte intégral
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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.
Texte intégralRésumé :
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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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.
Texte intégralRésumé :
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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OGORZALEK, Magdalena. « The action for injunction in EU consumer law ». Doctoral thesis, 2014. http://hdl.handle.net/1814/34560.
Texte intégralRésumé :
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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LARIK, Joris. « Worldly ambitions : foreign policy objectives in European constitutional law ». Doctoral thesis, 2013. http://hdl.handle.net/1814/27186.
Texte intégralRésumé :
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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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.
Texte intégralRésumé :
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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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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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.
Texte intégralRésumé :
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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DALY, Angela. « Mind the gap : private power, online information flows and EU law ». Doctoral thesis, 2015. http://hdl.handle.net/1814/35407.
Texte intégralRésumé :
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.