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The Advocates General and the development of the principle of direct effect

Noreen Burrows

in The Advocate General and EC Law

Published in print:
2007
Published Online:
January 2009
ISBN:
9780199299003
eISBN:
9780191715037
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199299003.003.0008
Subject:
Law, EU Law

This chapter examines the Opinions of a number of Advocates General in the cases relating to direct effect. Its purpose is to analyse the concept of direct effect from the standpoint of the Advocate ... More


An Economic Assessment of European Commission Merger Control: 1958–2007 1

Bruce Lyons

in Competition Policy in the EU: Fifty Years on from the Treaty of Rome

Published in print:
2009
Published Online:
September 2009
ISBN:
9780199566358
eISBN:
9780191722790
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199566358.003.0006
Subject:
Economics and Finance, Public and Welfare, International

This chapter provides an assessment of EC merger policy from three perspectives. First, it places the evolution of merger policy alongside the evolution of economic ideas in relation to competition ... More


The Global Model of Constitutional Rights

Kai Möller

Published in print:
2012
Published Online:
January 2013
ISBN:
9780199664603
eISBN:
9780191745751
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199664603.001.0001
Subject:
Law, Constitutional and Administrative Law, Public International Law

Since the end of the Second World War and the subsequent success of constitutional judicial review, one particular model of constitutional rights has had remarkable success, first in Europe and now ... More


Personal Scope of Application

Steffen Hindelang

in The Free Movement of Capital and Foreign Direct Investment: The Scope of Protection in EU Law

Published in print:
2009
Published Online:
September 2009
ISBN:
9780199572656
eISBN:
9780191705540
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199572656.003.0006
Subject:
Law, EU Law

This chapter reviews the personal scope of application. As Article 56 (1) EC is directly effective in intra-Community and third-country contexts, beneficiaries can rely on it, in particular, in the ... More


European Fundamental Rights, Private Law, and Judicial Governance

Aurelia Colombi Ciacchi

in Constitutionalization of European Private Law: XXII/2

Published in print:
2014
Published Online:
May 2014
ISBN:
9780198712107
eISBN:
9780191780257
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198712107.003.0004
Subject:
Law, EU Law, Constitutional and Administrative Law

This chapter explores how and for which societal governance purposes fundamental rights are applied by national and European courts in cases concerning litigations between private parties. After ... More


Essential characteristics of EU law

Evelyn Ellis and Philippa Watson

in EU Anti-Discrimination Law

Published in print:
2012
Published Online:
January 2013
ISBN:
9780199698462
eISBN:
9780191745904
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199698462.003.0002
Subject:
Law, EU Law, Human Rights and Immigration

The chapter analyses in detail the principles underlying EU law, in particular those of its supremacy and direct effect. It concentrates on the characteristics of directives in particular, since ... More


Negative and Positive Freedom

Kai Möller

in The Global Model of Constitutional Rights

Published in print:
2012
Published Online:
January 2013
ISBN:
9780199664603
eISBN:
9780191745751
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199664603.003.0002
Subject:
Law, Constitutional and Administrative Law, Public International Law

Chapter 2 argues that the value protected by constitutional rights must be positive freedom, or personal autonomy: in particular the doctrines of positive obligations and horizontal effect and the ... More


Constitutional Fragments: Societal Constitutionalism and Globalization

Gunther Teubner

Published in print:
2012
Published Online:
May 2012
ISBN:
9780199644674
eISBN:
9780191738814
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199644674.001.0001
Subject:
Law, Constitutional and Administrative Law, Public International Law

Over the past few years, a series of political scandals have raised the ‘new constitutional question’. Multinational corporations violated human rights; private intermediaries in the internet ... More


Introduction

Jud Mathews

in Extending Rights' Reach: Constitutions, Private Law, and Judicial Power

Published in print:
2018
Published Online:
April 2018
ISBN:
9780190682910
eISBN:
9780190682941
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190682910.003.0001
Subject:
Law, Constitutional and Administrative Law

This chapter introduces readers to the horizontal effect of rights and why it matters. It explains how horizontal effect doctrines define some of the key commitments of the legal systems that produce ... More


The Fundamental Freedoms’ Scope—Beyond Restriction

Pedro Caro de Sousa

in The European Fundamental Freedoms: A Contextual Approach

Published in print:
2015
Published Online:
May 2015
ISBN:
9780198727729
eISBN:
9780191794070
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198727729.003.0007
Subject:
Law, EU Law

This chapter applies a contextual analytical framework to matters regarding the scope of the market freedoms other than the concept of restriction on economic free movement—namely, those concerning ... More


Free Movement and Private Regulation

Mislav Mataija

in Private Regulation and the Internal Market: Sports, Legal Services, and Standard Setting in EU Economic Law

Published in print:
2016
Published Online:
May 2016
ISBN:
9780198746652
eISBN:
9780191808937
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198746652.003.0002
Subject:
Law, EU Law, Competition Law

Chapter II looks at the application of EU free movement rules to private regulation by the CJEU. It critically assesses the prevailing debate on these issues which focuses on an ill-defined notion of ... More


On the (In)compatibility of Human Rights Discourse and Private Law

Hugh Collins

in Constitutionalization of European Private Law: XXII/2

Published in print:
2014
Published Online:
May 2014
ISBN:
9780198712107
eISBN:
9780191780257
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198712107.003.0002
Subject:
Law, EU Law, Constitutional and Administrative Law

Having assessed the growing impact of human rights law on private law in many jurisdictions, the first question is how to best understand the constitutional relationship between public and private ... More


Constitutional Dialogues

Alec Stone Sweet and Jud Mathews

in Proportionality Balancing and Constitutional Governance: A Comparative and Global Approach

Published in print:
2019
Published Online:
July 2019
ISBN:
9780198841395
eISBN:
9780191876912
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198841395.003.0005
Subject:
Political Science, Political Theory

Apex courts face a fundamental problem: they cannot succeed in building systematic effectiveness in the face of regular opposition from the other branches of government, but they must sometimes ... More


Extending Rights' Reach: Constitutions, Private Law, and Judicial Power

Jud Mathews

Published in print:
2018
Published Online:
April 2018
ISBN:
9780190682910
eISBN:
9780190682941
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190682910.001.0001
Subject:
Law, Constitutional and Administrative Law

Constitutional rights protect individuals against government overreaching, but that is not all they do. In different ways and to different degrees, constitutional rights also regulate legal relations ... More


Conclusions and Implications for English Law

J. W. F. Allison

in A Continental Distinction in the Common Law: A Historical and Comparative Perspective on English Public Law

Published in print:
2000
Published Online:
January 2010
ISBN:
9780198298656
eISBN:
9780191710735
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198298656.003.0011
Subject:
Law, Comparative Law, Legal History

The provisional conclusions reached through application of this book's method to the English and French contexts invite supplementary and corrective research of other contexts. Central to those ... More


The Impact of the European Convention on Human Rights

Fiona Leverick

in Killing in Self-Defence

Published in print:
2006
Published Online:
January 2009
ISBN:
9780199283460
eISBN:
9780191712654
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199283460.003.0010
Subject:
Law, Criminal Law and Criminology

This chapter examines the impact of Article 2 of the European Convention on Human Rights (the right to life) on the law of self-defence. It concludes that Article 2 clearly does not permit lethal ... More


European Fundamental Rights and Intellectual Property

Ansgar Ohly

in The Europeanization of Intellectual Property Law: Towards a European Legal Methodology

Published in print:
2013
Published Online:
January 2014
ISBN:
9780199665105
eISBN:
9780191758881
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199665105.003.0008
Subject:
Law, Intellectual Property, IT, and Media Law

This chapter analyses the impact of European fundamental rights on intellectual property. First it outlines the European human rights systems. Secondly the author analyses to what extent ... More


EU Equality Law at a Constitutional Crossroads

Elise Muir

in EU Equality Law: The First Fundamental Rights Policy of the EU

Published in print:
2018
Published Online:
December 2018
ISBN:
9780198814665
eISBN:
9780191852350
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198814665.003.0003
Subject:
Law, EU Law

Each prong of EU equality law identifies specific grounds for differential treatment as well as specific fields in which differences of treatment are suspect. The precise applicable legal tools ... More


Defending the Domain of Public Law

Cormac Mac Amhlaigh

in After Public Law

Published in print:
2013
Published Online:
May 2013
ISBN:
9780199669318
eISBN:
9780191749353
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199669318.003.0006
Subject:
Law, Constitutional and Administrative Law

This chapter explores common understandings of the nature of the public and the private, and its relationship to law through the public/private divide. It departs from a commonplace that the ... More


Associations are Not States

Jacob T. Levy

in Rationalism, Pluralism, and Freedom

Published in print:
2014
Published Online:
January 2015
ISBN:
9780198717140
eISBN:
9780191785900
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198717140.003.0012
Subject:
Political Science, Political Theory

This chapter discusses arguments for holding associations to the normative standards to which liberals hold states. Complex associations, such as universities, contain internal associational spheres; ... More


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