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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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Sule, Attila. "The European Union in peace operations : limits of policy-making and military implementation". Thesis, Monterey, California. Naval Postgraduate School, 2003. http://hdl.handle.net/10945/1061.
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Approved for public release; distribution is unlimitedThe 1992 European Union (EU) Common Foreign and Security Policy (CFSP, Maastricht Treaty) marked a turning point in the trans-Atlantic relationship. The Balkan conflicts and broader political changes in the 1990s compelled the EU to assume more responsibility in peace operations. The EU's 60,000 strong Rapid Reaction Force (RRF) is planned to be operational in 2003. Will the EU be able to conduct Petersberg-type peace operations? This thesis analyzes policy and military shortfalls of the Balkan peacekeeping effort. Questions about the legitimacy of armed humanitarian interventions, about difficulties in common policy formulation and translation to sound military objectives are the core problems of civil-military relations in European peace operations. The case studies focus on the EU failure to resolve the Bosnian crises between 1992-95, and on the gaps between NATO policies and military objectives in the operations of 'Implementation Force' in Bosnia and 'Allied Force' in Kosovo. The thesis considers developments in EU CFSP institutions and EU-NATO relationship as well as the EU's response to terrorist attacks on September 11 2001. The thesis argues that the difficulty in EU CFSP formulation limits the effective use of RRF in military operations.
Major, Hungarian Army
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Van, Hedel Johanna Henrïette. "Towards a European ius commune - what lessons can we learn from Quebec's mixed legal system?" Thesis, McGill University, 2004. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=82673.
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We are witness today, within a context of an increasingly integrated European Union, to the making of a new common legal order which is that of the European Community. This new ius commune Europaeum will have to be based on legal foundations that can be adhered to by all member states. In this perspective, it is indispensable to investigate whether domestic legal systems of the member states are able to adopt legal concepts of other member states without undermining their cohesive natures. Only then will it be possible to build the emerging ius commune on a conceptual legal framework, which is not to be perceived as a Fremdkorper in the participating states. The present thesis analyzes how Quebec's civilian jurisdiction adopted the common law concepts of the trust and unconscionability, in order to answer the question whether, and if so how, European civil law jurisdictions may adopt common legal concepts and yet remain cohesive.
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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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STORSKRUBB, Eva. "Judicial cooperation in civil matters : a policy area uncovered". Doctoral thesis, 2006. http://hdl.handle.net/1814/6367.
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Defence date: 9 October 2006Supervisor: Prof. Jacques Ziller
Awarded the Mauro Cappelletti Prize for the best comparative law doctoral thesis, 2007.
PDF of thesis uploaded from the Library digitised archive of EUI PhD theses completed between 2013 and 2017
This dissertation examines a burgeoning policy area of the EU - the regulation of cross border civil and commercial litigation. The dissertation analyses the EU's specific legislative measures regulating civil procedure and assesses their impact on litigation, particularly due process rights. The policy is then placed in the broader contexts of European integration and the international codification of civil procedure.
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CANTERO, GAMITO Marta. "The private law dimension of the EU regulatory framework for electronic communications : evidence of the self-sufficiency of European regulatory private law". Doctoral thesis, 2015. http://hdl.handle.net/1814/37647.
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Defence date: 26 October 2015Examining Board: Prof. Hans-W. Micklitz, EUI (Supervisor); Prof. Yane Svetiev, EUI; Prof. Annetje Ottow, Universiteit Utrecht; Prof. Fernando Gómez, Universidad Pompeu Fabra Barcelona.
This thesis examines the contractual dimension of the EU Regulatory Framework for Electronic Communications. In particular, it provides a comprehensive legal analysis of the transformations occurring in private law as a result of the impact of EU telecommunications regulation on private law relationships. While the main focus in the Europeanization of private law has been on the sale of goods, this thesis engages the (concealed) private law dimension accompanying the, almost, all-encompassing sector-related framework that concerns the provision of a Service of General Economic Interest. This thesis scrutinizes the private law implications of the regulation of telecommunications services from cradle to grave; i.e. from its making to its enforcement. Hence, it does not only consider substance but also focuses on the institutional and procedural transformations taking place within the sector. Tested against empirical research, the thesis further assesses the self-sufficiency of sector-specific legislation as a separate regime of private law serving regulatory functions that operate independently of general contract rules. The thesis concludes by validating that self-sufficiency is actually occuring in view of the results yielded from the foregoing legal and empirical analysis and by providing a normative assessment of the transformation of private law which is taking place as a result of the shift in the focus of European private law from the failed European of civil code project to the regulation of areas beyond the core of private law.
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DE, ALMEIDA Lucila. "Integration through self-standing European private law : insights from the internal point of view to harmonization in energy market". Doctoral thesis, 2017. http://hdl.handle.net/1814/46666.
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Defence date: 23 May 2017Examining Board: Prof. Hans-W. Micklitz, European University Institute (EUI Supervisor); Prof. Stefan Grundmann, European University Institute; Prof. Daniela Caruso, Boston University; Prof. Kim Talus, University of Helsinki and University of Eastern Finland
This thesis analyses the impact of the European Integration Project on private law. While the impact of EU law on private law throughout negative integration created European Private Meta-law, and throughout positive integration evolved to European Private law, this thesis claims that EU law has recently moved a step further in regulated markets by creating selfstanding European Private law. Self-standing European Private law is a normative system of rules at supranational level in which its semantically rigid legal norms suggests the intrusion of EU law into the private order of contractual parties with minor divergences within and among national legal systems. This analytical model explains the legal phenomenon of intrusion and substitution, which is different than the phenomenon of divergence, what has so far been the main focus of legal scholars in comparative private law and approaches to Harmonization. To define and identify self-standing European private law, this thesis proposes a systematic understanding of EU law from what H.L.A. Hart conceptualizes as the Internal Point of View. It contextualizes the private law dimension of EU energy law through a discussion of primary and secondary rules and, most importantly, the linguistic framework of analytic philosophy. In so doing, this thesis claims the constitutive element of self-standing European Private law takes shapes when EU law, through governance modes of lawmaking and enforcement at the EU level, creates a set of mandatory rules applied to private relationships, of which the semantic texture of its language leaves minor space for divergent interpretation and implementation by legal official and market actors. To prove the emergence of a self-standing European Private Law, EU energy Law is the blueprint to test the claim. The thesis pursues a socio-legal investigation on how the private law dimension of EU energy law has changed over three decades of market integration and affected two key market transactions in energy markets: transmission service contracts in electricity, and natural gas supply contracts.
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LAW, Stephanie. "The CJEU as a 'laboratory' of comparative analysis : a theoretical and case-based study of the Europeanisation of private law". Doctoral thesis, 2014. http://hdl.handle.net/1814/32552.
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Defence date: 4 September 2014Examining Board: Professor Fabrizio Cafaggi, EUI (Supervisor); Professor Hans-W. Micklitz, EUI; Professor Geneviève Saumier, McGill University; Professor Carla Sieburgh, Radboud University Nijmegen
This thesis seeks to determine whether, and if so, in what form, comparative analysis constitutes a theoretical and methodological component of the Europeanisation of private law; following a review of legislative efforts at harmonisation, the thesis evaluates the CJEU as a “comparative laboratory”. It begins with an exploration of the nature of Europeanisation and integration, which highlights the significance of the political, economic and legal as well as social and cultural contexts in which these processes occur. In light of this initial analysis, from which the significance of the national foundations of private law also comes to the fore, the European space is advanced as one of commonality and diversity of legal cultures and traditions. Recognising the unlikelihood of the codification of private law, the thesis makes a plea for the recognition of a shift in the perspective of legal development, to one which acknowledges the dynamic nature of private law as it emerges within a pluralist, multi-level construct of regulation. Against this background and in light of the contextual perspective to which it gives rise, the thesis argues that comparative analysis might facilitate the development of such a perspective, particularly in light of the role of the courts, both national and European. Notwithstanding this potential, a critical assessment of contemporary comparative law reveals its theoretical and methodological poverty and illustrates the need for a developed understanding of “complex” comparison, engaging this aforementioned shift in perspective. The foundations of the evaluation of the CJEU as a “comparative laboratory” are brought to light via a socio-legal assessment of its constitution and jurisdiction; the evaluation thereafter intertwines the theoretical and case-based analyses, engaging the preliminary reference procedure as a fundamental epistemological standpoint and concretising the discourse with three case examples of CJEU jurisprudence, in which conflicts of a private law nature arise. These case analyses provide the foundations for the construction of two classifications, namely of the sources of comparison in the CJEU and of the context and purposes for which comparison is engaged, both of which illustrate the existence of comparative analysis as a tool of interpretation. A second round of evaluation advances and facilitates the understanding of the relevance of comparative analysis not only as a tool of interpretation but also as a second-order device, in respect of the CJEU’s development of its “meta-mechanisms” of Europeanisation and integration, essentially building on the analysis undertaken to ask why comparative analysis should be engaged by the Luxembourg Court.
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ENGSTRÖM, Johanna Eva Maria. "The Europeanisation of remedies and procedures through judge-made law : can a Trojan horse achieve effectiveness? : experiences of the Swedish judiciary". Doctoral thesis, 2009. http://hdl.handle.net/1814/12704.
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Author was awarded the European Public Law Group's special distinction 2010 for her PhD thesis.Defence date: 28 September 2009
Examining Board: Profs. Ulf Bernitz (External Co-Supervisor, University of Stockholm); Gráinne de Burca (Supervisor, former EUI and Fordham University); Bruno De Witte (EUI); Walter van Gerven (University of Leuven)
PDF of thesis uploaded from the Library digital archive of EUI PhD theses
Through the judge-made requirements developed in its case-law, the Court of Justice has laid down obligations on national courts to provide effective judicial protection for individuals that seek to enforce Community law claims. This thesis will study the Europeanisation of national remedies and procedures that comes about in this process. I will carry out the analysis in two stages. In the first stage, I will look from a European perspective at the principle of effective judicial protection, which I will view as a Trojan horse containing the judge-made requirements, and establish what is understood by effective judicial protection. I will seek to identify more precise obligations incumbent on national courts in relation to different remedies and procedural rules. Moreover, I will seek to establish the rationale of the Court's intervention into national procedural autonomy. In particular, I will consider if the rationale is a concern to protect individual rights or whether the language of 'rights' is rather used as a legitimizing pretext for enhancing the general effectiveness of Community law and for harmonising remedies and procedures. In a second stage, the thesis will empirically study the Europeanisation of remedies and procedures at the domestic level, by looking at the Swedish judiciary's reaction to those judge-made requirements. It is only by looking at what happens when the Trojan horse unfolds in the national legal system that one can understand its role and whether the principle, in practice, achieves the intended rationales, or whether its complexity in fact hampers effective judicial protection. It will emerge that, in the Swedish context, there is a gap between European theory and national practice. In this respect, the study will highlight the role of the national legal and judicial culture in ensuring the effectiveness of Community law. Conclusions will be drawn from the empirical study on whether the Trojan horse really does serve as a functional and effective tool to achieve Europeanisation of remedies and procedures and the Court's intended rationales. I will call for clarifications, coherence and better 'judicial governance' of this complicated area of law.
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KAS, Betül. "'Hybrid' collective remedies in the EU social legal order". Doctoral thesis, 2017. http://hdl.handle.net/1814/46964.
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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.
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VAN, LEEUWEN Barend. "Paradoxes of convergence : European standardisation of services and its impact on private law". Doctoral thesis, 2015. http://hdl.handle.net/1814/35521.
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Defence date: 13 April 2015Examining Board: Professor Hans-W. Micklitz, EUI (Supervisor); Professor Stefan Grundmann, EUI; Professor Catherine Barnard, Trinity College, University of Cambridge; Professor Carla Sieburgh, Radboud Universiteit.
This thesis analyses European standardisation of services and its impact on private law. It tells a story of two paradoxes. First of all, the EU – in particular, the European Commission – would like European standardisation of services to improve the internal market for services. However, it is not actually taking any steps to guarantee that European standardisation of services facilitates free movement of services. With the New Approach for goods, European standardisation of goods has been made a tool for internal-market building. Such a regulatory approach has not been developed for European standardisation of services. As a result, it is difficult for the EU to exercise control over the reasons of stakeholders to start working on European services standards. An analysis of European standardisation in the healthcare and tourism sectors shows that parties start making European services standards for various reasons, which often have little to do with the improvement of the internal market. Therefore, the Commission cannot rely on European standardisation as a regulatory strategy to improve free movement of services. Secondly, because there is no European regulatory framework in which European services standards play a clear role, the parties which make European services standards become responsible for their application in law. They want their standards to play a role in private law – in particular, in contract law and in certification schemes. However, although stakeholders want European services standards to be applied in private law, they do not really care about the requirements which are imposed by private law. European services standards are not adopted in a legal vacuum – they regularly interact and clash with existing legal regulation. There is a real risk that European services standards might contain provisions which breach the free movement and competition law provisions. This will prevent their successful application in private law.
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BERGSTRÖM, Maria. "Advocacy groups and multilevel governance : the use of EC law as a campaigning tool". Doctoral thesis, 2003. http://hdl.handle.net/1814/4563.
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ORLANDINI, Giovanni. "Il conflitto sindacale nei servizi pubblici essenziali : modelli regolativi a confronto nel processo d'integrazione europea". Doctoral thesis, 2001. http://hdl.handle.net/1814/4736.
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Defence date: 24 November 2001; Examining Board: Prof. Emeritus, Lord Wedderburn, (London School of Economics); Prof. Roberto Romei, (University of Florence); Prof. Bruno de Witte (EUI); Prof. Silvana Sciarra (EUI, supervisor)PDF of thesis uploaded from the Library digitised archive of EUI PhD theses completed between 2013 and 2017
[From the introduction:] La domanda circa il futuro del conflitto sindacale, che si è detto sottendere all’intero lavoro qui introdotto, resterà aperta. Ciò che però si vuol far emergere con forza dall’analisi comparata e comunitaria è come la sopravvivenza del diritto di sciopero presuppone che si compia quel processo di costituzionalizzazione dei diritti sociali fondamentali, che a Nizza è solo timidamente iniziato. La scelta di fondo da compiere è tra un diritto del lavoro che riconosca ancora una funzione “autonoma” ai diritti collettivi, ed uno che li riduca a variabili dipendenti degli obiettivi di politica economica e dei vincoli di competitività del mercato. Resta ovviamente la consapevolezza che molto dipenderà dalla capacità dei lavoratori organizzati di trovare forme e modi d’azione incisivi anche sul piano sovranazionale, dal momento che sono le lotte dei lavoratori a dar vita ai diritti sindacali e non viceversa.
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BEAUCHESNE, Benedicte. "La protection juridique des entreprises en droit communautaire de la concurrence". Doctoral thesis, 1991. http://hdl.handle.net/1814/4558.
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Defence date: 27 May 1992Examining board: Prof. Marie-Chantal Boutard-Labarde (Université de Paris X-Nanterre) ; Prof. Fausto Capelli (Université de Parme) ; Prof. Peter Müller-Graff (Université de Trier) ; Prof. Jürgen Schwarze (Supervisor - EUI) ; Prof. Jean Vergès (Université de Paris I)
PDF of thesis uploaded from the Library digitised archive of EUI PhD theses completed between 2013 and 2017
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CORNELISSE, Galina. "Immigration detention, territoriality and human rights : towards destabilization of sovereignty's territorial frame". Doctoral thesis, 2007. http://hdl.handle.net/1814/7028.
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Defence date: 7 May 2007Examining Board: Prof. Neil Walker (Supervisor, European University Institute) ; Prof. Marise Cremona (European University Institute) ; Prof. Pieter Boeles (Leiden University) ; Prof. Dora Kostakopoulou (University of Manchester)
First made available online on 10 July 2018
From a sociological point of view, camps or transit zones may present the institutionalisation o f temporariness as a form of radical social exclusion and marginalisation in modem society and a conservation of borders as dividing lines