Procedural Autonomy Across Europe (Intersentia 2020)

Background and research questions The book Procedural Autonomy Across Europe, Bart Krans and Anna Nylund (eds.), Intersentia 2020) draws on insights from a previous research project on the interaction between EU law and national civil procedural law (The European Union and National Civil Procedure, Anna Nylund and Bart Krans (eds.), Intersentia 2016). While a body … Continue reading Procedural Autonomy Across Europe (Intersentia 2020)

Engagement Between Legal Orders in the Context of Socio-Economic Rights

Introductory Remarks The protection of socio-economic rights has been lagging behind the protection of civil and political rights at both the national and international levels for many years. This paradox has not been fully resolved yet, despite the relevance of socio-economic rights to the world today. Against this background, my research focuses on socio-economic rights, … Continue reading Engagement Between Legal Orders in the Context of Socio-Economic Rights

2020 Annual Seminar – Climate Change and Law: A Comparative Perspective

Online (joining details will be sent to registered participants by e-mail) 1st September 2020, 9.30-11.30 (UK time)   Welcome President of BACL, Annette Nordhausen Scholes, & sponsors, Intersentia.   Session 1   Dr. Benoit Mayer (Chinese University of Hong Kong): Climate Assessment as a Transnational Trend   Dr. Catherine Caine (University of Exeter): The Obstacles … Continue reading 2020 Annual Seminar – Climate Change and Law: A Comparative Perspective

Legal Actions against the State: Comparative Perspectives with reference to Ireland and France

The Covid-19 crisis has turned our lives inside out. It has had a profound effect on the way we, as individuals, interact with one another and with members of our communities, and, as citizens, act in society. The crisis has also greatly impacted the way our institutions and government function. A string of emergency legislations … Continue reading Legal Actions against the State: Comparative Perspectives with reference to Ireland and France

Johannes Ungerer, ‘Coronavirus measures in private law: Comparison of moratoria in the United Kingdom and Germany’ – abstract

ABSTRACT The Coronavirus pandemic poses unprecedented challenges to private legal relations. These challenges demand that States provide measures that go beyond traditional private law responses such as force majeure, material adverse change or frustration. Enacting moratoria is among the steps which have been undertaken by the United Kingdom and Germany to provide necessary ‘breathing space’, … Continue reading Johannes Ungerer, ‘Coronavirus measures in private law: Comparison of moratoria in the United Kingdom and Germany’ – abstract

The Spanish loan debt moratorium due to COVID-19, a minimal measure

The present contribution would like to give some insight in the measures adopted by the Spanish government to tackle the economic crisis caused by the shutdown under the state of alarm, that notably include a loan debt moratorium (for a more detailed analysis see Zunzunegui, 2020). A precedent for this measure could be found in … Continue reading The Spanish loan debt moratorium due to COVID-19, a minimal measure

COVID-19, large corporations and states: Time for change?

The health crisis linked to the COVID-19 leads to an interesting opportunity from states: pushing large corporations to design a different economy built on the idea of sustainability. A health crisis that originated in Asia, COVID-19 has since become a global economic, financial and social crisis constraining states to close their borders, confine their citizens … Continue reading COVID-19, large corporations and states: Time for change?

Centralized crisis management in disintegrative federations: COVID-19 policy in Belgium

The COVID-19 pandemic raises a crucial question for federal systems: how can the government respond quickly and coordinated if powers are spread across different levels? The question becomes even more urgent in divided states with disintegrative dynamics. Such systems easily turn into what Requejo calls ‘distrust federalism’. The fundamental distrust between the entities raises extra … Continue reading Centralized crisis management in disintegrative federations: COVID-19 policy in Belgium

Myriam Hunter-Henin – Why Religious Freedom Matters for Democracy – Comparative Reflections from Britain and France for a Democratic “Vivre Ensemble” (Hart Publishing, Hart Studies in Comparative Public Law, 2020)

Should an employee be allowed to wear a religious symbol at work? Should a religious employer be allowed to impose constraints on employees' private lives for the sake of enforcing a religious work ethos? Should an employee or service provider be allowed, on religious grounds, to refuse to work with customers of the opposite sex … Continue reading Myriam Hunter-Henin – Why Religious Freedom Matters for Democracy – Comparative Reflections from Britain and France for a Democratic “Vivre Ensemble” (Hart Publishing, Hart Studies in Comparative Public Law, 2020)

Far from unprecedented? The rationing of healthcare in Italy and the UK during the Covid-19 emergency: a human rights analysis

‘In each case a choice has to be made and, in making it, it is necessary to consider the needs of more than one person.’ UCL Hospitals NHS FT v MB (Rev 1) (2020) EWHC (QB) 882 There is little new to be seen within the current pandemic crisis across Europe: various human tragedies continue … Continue reading Far from unprecedented? The rationing of healthcare in Italy and the UK during the Covid-19 emergency: a human rights analysis