Category: Comparison in Europe

New publication – U Stelkens and A Andrijauskaitė, Good Administration and the Council of Europe: Law, Principles and Effectiveness (OUP 2020)

Good Administration and the Council of Europe: Law, Principles and Effectiveness is about the effectiveness of the pan-European principles of good administration. For the first time, the notion of good administration was researched within a normative framework that largely slips under the radar in the current European legal scholarship; namely, in the Council of Europe’s … Continue reading New publication – U Stelkens and A Andrijauskaitė, Good Administration and the Council of Europe: Law, Principles and Effectiveness (OUP 2020)

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)

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)

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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)

Franz Hofmann and Franziska Kurz (eds.) – Law of Remedies – A European Perspective (Intersentia 2019)

Against the background of the increasing importance of the concept of remedies in European private law, Law of Remedies – A European Perspective (Intersentia 2019) focuses on remedies as a distinctive and novel field of European legal research. This edited volume, to which 15 authors have contributed, considers the common law tradition (England and Wales) … Continue reading Franz Hofmann and Franziska Kurz (eds.) – Law of Remedies – A European Perspective (Intersentia 2019)

Cases, Materials and Text on Judicial Review of Administrative Action (Hart 2019)

Administrative law, and specifically the law concerning judicial review of administrative action, has been regarded by doctrine until the second half of the twentieth century as a product of the national history and tradition of a state, and hence, because of the different national traditions, as an area in which there was, in general, little … Continue reading Cases, Materials and Text on Judicial Review of Administrative Action (Hart 2019)

Reasons and Context in Comparative Law: Workshop to mark the retirement of Professor John Bell

The Centre for European Legal Studies (Cambridge) kindly sponsored a Comparative law workshop in honour of John Bell, who is retiring in September 2019. The workshop, which was organised by Dr Turenne, was a small gathering of colleagues and former students from Australia, Chile, France, the Netherlands, the USA in addition to colleagues and former … Continue reading Reasons and Context in Comparative Law: Workshop to mark the retirement of Professor John Bell

Catalonian Independence: Unbounding a Blood and Belonging Constitutional System

Last November, the Spanish Public Prosecutor’s Office announced that it would ask for  long-term prison sentences for the Catalonian politicians who organised and supported the illegal referendum on the 1st of October 2017. The criminal prosecution of political leaders who acted with a clear electoral mandate is worrying for all those who perceive that the … Continue reading Catalonian Independence: Unbounding a Blood and Belonging Constitutional System

NEW PUBLICATION: MARY GUY, COMPETITION POLICY IN HEALTHCARE – FRONTIERS IN INSURANCE-BASED AND TAXATION-FUNDED SYSTEMS, INTERSENTIA 2019

How does EU competition law affect national healthcare reforms? Does healthcare merit special treatment, or can competition work in the same way it does in the energy and telecommunications sectors? Are competition reforms in healthcare an end in themselves, or merely a means to the wider aim of modernising healthcare? Can general competition rules be … Continue reading NEW PUBLICATION: MARY GUY, COMPETITION POLICY IN HEALTHCARE – FRONTIERS IN INSURANCE-BASED AND TAXATION-FUNDED SYSTEMS, INTERSENTIA 2019

New publication – Martin Brenncke – Judicial Law-making in English and German Courts, Intersentia, 2018

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How far do contemporary English and German judges go when they interpret national legislation? Where are the limits of statutory interpretation when judges venture outside the constraints of the text? Do these limits converge or diverge in both jurisdictions? Judicial Law-making in English and German Courts is concerned with the limits of judicial power in both … Continue reading New publication – Martin Brenncke – Judicial Law-making in English and German Courts, Intersentia, 2018