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Proportionality Analysis and Models of Judicial Review
Proportionality analysis describes a particular legal technique of resolving conflicts between human rights or constitutional rights and public interests through a process of balancing. However, as a general tendency, the current vivid academic debate on proportionality pays insufficient attention to the institutional context - the question of judicial review. Based on the premise that proportionality analysis is a permissible approach to resolve conflicts between rights and other interests, this book lays out a strategy for courts and tribunals to deal with the challenge of using proportionality analysis in an adequate manner, taking into account their situation and context of judicial review. For this purpose, the book develops the concept of models of judicial review in a first theoretical chapter. These models are then applied to six comparative case studies in German and US constitutional law, the law of the European Convention on Human Rights, European Union law, World Trade Organization law, and international investment law. (Series: European Administrative Law - Vol. 8)
The Rising Complexity of European Law
The volume presents seven contributions which analyse two different progressive complex developments of European law: the legal challenges of adherence to the internal market without membership in the European Union in a comparative view of Norway (EEA) and Switzerland ("Bilateral Agreements"), and the legal answers to the financial and/or budgetary crisis and challenges in Europe. The common denominator of both subjects is the raising complexity of European law.--
Zum Verlust der Arbeitnehmereigenschaft im Freizügigkeitsabkommen (On the Loss of the Status of a Worker in the Agreement on the Free Movement of Persons).
German Abstract: Das Ende der Arbeitnehmereigenschaft ist im Freizügigkeitsabkommen nicht eindeutig geregelt. Im Lichte aktueller Problemfälle bzw. jüngerer Rechtsprechung des Bundesgerichts untersucht der Beitrag, ob die Fragen des Zeitpunkts des Endes der Arbeitnehmereigenschaft, der für das Wiedererlangen der Arbeitnehmereigenschaft erforderlichen Umstände und der möglicherweise missbräuchlichen Berufung auf das FZA einer nachhaltigen Klärung zugeführt werden konnten. Während einige Fortschritte zu verzeichnen sind, erscheint das gesamtschauartige Vorgehen des Bundesgerichts bei der Beurteilung kurzfristiger Arbeitsverhältnisse vor dem Hintergrund der Rechtsprechung des EuGH problematisch.
Redefining EU Membership
Redefining EU Membership examines the issue of Membership within the European Union (EU) today by focusing on differentiation in and outside the EU. The Treaty on European Union unequivocally declares that the contracting parties are the Member States of the EU. However, a closer examination casts some doubt of the unitary status of Member States, or at least suggests that the concept requires nuancing. Whilst diversity, and to some extent differentiation, have been part and parcel of the European integration process since its inception, Redefining EU Membership proposes that, considering several developments, a new reflection on membership within the EU and on differentiation in and outside...
Domestic Courts and the Interpretation of International Law
Winner of the Walther Hug Prize 2021. Read more. In Domestic Courts and the Interpretation of International Law, Odile Ammann examines how domestic judges do and must interpret international law. She analyzes their interpretative methodology and the predictability, clarity, and consistency of their reasoning. Highlighting the main gaps in contemporary international legal scholarship regarding international law in domestic courts, Ammann offers a fresh and thorough theoretical reflection on this topic. Based on a detailed study of the judicial practice, she shows how courts' interpretative method and reasoning can be further improved. She also argues that interpretative methods must be taken more seriously in international law. While she primarily uses the Swiss example to illustrate her claims, the basic tenets of her analysis apply to any domestic legal context.
Citizenship and Residence Sales
The first interdisciplinary empirically-grounded pluri-jurisdictional assessment of the origins, operation and main causes of the growing global investment migration trend.
Religious Freedom and COVID-19
The impact of the COVID-19 pandemic will be a topic for academic research for years to come. This collection brings together international scholars from various disciplines to analyse the impact of the pandemic on both religious freedom and on religious community life in Europe. Divided into two parts, the first focuses on theoretical considerations, while the second explores local challenges and includes case studies from countries with different socio-political profiles. The book includes critical evaluations of public crisis management of religious communities during the pandemic, as well as critical reflections on religious freedom appeals in such crisis. In sum, the volume probes and challenges scholars and students of law, religion, politics, and sociology to go beyond the typical oppositions in considering Freedom of Religious Belief in the current secular European context. The work will be a valuable resource for academics, researchers, and policy-makers working in the areas of Law and Religion, Human Rights Law, Sociology, and Political Science.
Secondary Rules of Primary Importance in International Law
The focus of this edited volume is the often-overlooked importance of secondary rules of international law. Secondary rules of international law-such as attribution, causality, and the standard and burden of proof-have often been neglected in scholarly literature and have seen fragmented application in international legal practice. Yet the systemic nature of international law entails that coherent and consistent application of such rules is a key element in reinforcing the legitimacy of decisions of international courts and tribunals. Accelerated development of international law and international litigation, coupled with the fragmented nature of the adjudicatory terrain calls for theoretical...
The Governance of EU Fundamental Rights
This book represents the first attempt to examine how EU fundamental rights are protected and enforced by EU governing bodies.
