Constitutional Law (Books and Journals)
- European Law Journal From Nbr. 1-1, March 1995 to Nbr. 26-1-2, March 2020 Wiley, 2021
- La vida familiar en la jurisprudencia del Tribunal Europeo de Derechos Humanos: Una interpretación constructiva by: J.M. Bosch Editor, 2015
- Mujer y guerra en los balcanes. Kosovo: entre los derechos perdidos y la identidad pendiente by: Dykinson, 2013
- El Tribunal de Justicia de Luxemburgo como garante de los Derechos Fundamentales by: Dykinson, 2013
- Parallele e convergenti. L’Unione europea tra costituzione e potenza civile by: Cacucci Editore, 2013
- El constitucionalismo como discurso político by: Dykinson, 2012
- Juventud europea. Valores y actitudes ante las Instituciones Democráticas by: Dykinson, 2012
- L'Europa e i diritti dei bambini by: Cacucci Editore, 2010
- 1957–2007. 50 años de derechos humanos y Europa by: J.M. Bosch Editor, 2009
- El Tratado de Lisboa. Análisis y perspectivas by: Dykinson, 2008
- Europa busca modelo by: Dykinson, 2007
- Modelos europeos de justicia contencioso-administrativa by: Dykinson, 2007
- EU annual report on human rights 2006 European Union Publications Office, 2006
- Constitutive modelling for complex loading in metal forming processes European Union Publications Office, 2006
- Constitución europea y Derecho penal económico by: Editorial Universitaria Ramón Areces, 2006
- Los derechos humanos, la democracia y el estado de derecho en la acción exterior de la Unión Europea by: Dykinson, 2006
- Luces y sombras del Tratado Constitucional Europeo by: Dykinson, 2006
- Nature and biodiversity cases. Ruling of the European Court of Justice European Union Publications Office, 2006
- Remedies and sanctions in EC non-discrimination law by: European Union Publications Office, 2006
- Study on the enforcement of State aid law at national level by: European Union Publications Office, 2006
- Guidelines on Human Rights by: European Union Publications Office, 2005
- Enseñar la idea de Europa by: Editorial Universitaria Ramón Areces, 2004
- Modernización de las normas de aplicación de los artículos 81 y 82 del Tratado CE by: European Union Publications Office, 2004
- Unión Europea y derechos fundamentales en perspectiva constitucional by: Dykinson, 2003
- What can the European Ombudsman do for you? European Union Publications Office, 2002
Execution of final court decisions as part of a fair trial
Execution/enforcement of the final court decisions is now a procedural element which has been long dealt with as an integral part of the right to a fair trial. This right has been expressly embodied in the Constitution of the Republic of Albania as a fundamental right of the individual. This point of view grants to this right not only an important role on the protection of human rights but...
Enforcement of court decisions which are the exclusive competence of the courts in the Republic of Kosovo
Enforcement procedure is the final part and possibly the most sensible part of the civil procedure. With the new legal changes, apart from the court as a competent institution and authority, it is also the private enforcement agent, a body which in its work will have full legal public authority. However, with the new Law on Enforcement Procedure of The Republic of Kosovo (LEPRK), for certain...
Paternal responsibility in the Albanian judicial practice
The purpose of this paper is to identify and analyze the problems that arise during the exercise of parental responsibility, seen in an interpretation of the legal norms that regulate this institute and local case law. The paper aims to be mainly practical based on the legal practice of the Court of the Tirana Judicial District during the periods 2016-2019. In addition to parental responsibility,
The civil service - recruitment procedures, reforms and challenges of the states in transition - The case of Kosovo
No functional and democratic state can function without a proper professional administration and a professional and efficient civil service, through which it will always serve the citizens of the country. The civil service is the entire body of administrative staffemployed in central and local administration institutions provided by this law 1, which implements the policies and ensures the...
A taste of its own medicine: Assessing the impact of the EU Better Regulation Agenda
This article performs an ‘impact assessment’ of the EU Better Regulation Agenda. It considers whether there is a clear definition of the problems that the EU Better Regulation seeks to address, the evidence base, whether Better Regulation more effectively responds to those problems than alternative options, and what the costs, benefits and broader impacts of the the Agenda may be. The analysis...
Towards Europeanisation through the proportionality test? The impact of free movement law on medical professional discipline
Medical doctors can exercise their free movement rights to escape the control of professional regulation at the national level. This “darker side” of free movement of doctors has received a lot of attention. This article will show that the free movement provisions play an increasingly important role in medical disciplinary cases. The application of free movement law can make a positive...
Levelling the EU participatory playing field: A legal and policy analysis of the Commission's public consultations in light of the principle of political equality
The EU Commission has a long tradition of consulting interested parties when formulating its policies. While the rationale, format and legal basis relied upon by the Commission when holding public consultations have changed over time, its systematic inability to make those consultations equally accessible to all affected parties has remained constant. This article discusses the extent to which...
The contribution of EU public procurement law to corporate social responsibility
This article argues that while EU public procurement law increasingly allows public authorities to take environmental and social considerations into account in public purchasing decisions, it does impose limits on the possibility for authorities to incentivise corporate social responsibility (CSR) policies through public procurement. These specific limits are the result of the EU legislator's...
- What the European Law Journal stands for*
Rediscovering the public/private divide in EU private law
This article explores the role of the public/private divide within EU private law. It shows that although EU private law cuts across the boundaries of public and private law, the conceptual distinction between these well‐established categories does matter within it and may lead to better law‐making in the EU more generally. The legal grammar of a particular EU harmonisation measure—which can be...
Shifting Boundaries of Membership: The politicisation of free movement as a challenge for EU citizenship
This article discusses freedom of movement under the lens of shifting boundaries of membership and traces the tension between the political and the economic rationale of European integration. It first reflects on the normativity of free movement and links it to the foundations of modern democratic citizenship. Subsequently, it discusses the role of free movement in the construction of EU...
Is the medicine right?
Is asking the Better Regulation Agenda (BRA) to answer the same preconditions it requires for any regulatory action a proper treatment? Does any assessment of the agenda necessarily imply a thorough definition of the costs and the benefits deriving from its application or is it enough to provide a few key insights to perform it? Is the BRA really so ideological, deriving from “a liberal...
Schrems II, from Snowden to China: Toward a new alignment on transatlantic data protection
When the Court of Justice announced the judgment in Schrems I, commentators described the outcome as an "earthquake" that tossed aside the fragile legal framework for transatlantic data flows known as the “Safe Harbor”. The judgment of the Court in Schrems II has now toppled the second framework, the “Privacy Shield”. In this article, I restate recommendations to the US Congress...
Better law‐making and the interinstitutional (dis)agreements: Some comments
This work argues that there is no univocal interpretation of what regulatory policy is and pursues. Taking the strategy of the European Commission as a starting point only, it addresses more specifically the Union legislature's perspective, which, in a democratic decision‐making process, cannot compromise its autonomy. In the unique constitutional universe of the European Union, the “Better Law‐Ma
- Is it worth being a Rejtan?
Plaidoyer for a Social Europe
‘It is with great sadness that his many friends learned of the passing of Fernando Vasquez, on 16 July 2020, in Porto. I met Fernando Vasquez some thirty years ago, at a time when, together with Jean‐Jacques Paris, another friend who recently passed away, and under the direction of Odile Quintin in DG V of the European Commission, he was working on building a Social Europe. That was before the...
From the French Citizens' Convention on Climate to the Conference on the Future of Europe: A participatory science and democracy perspective
The Citizens' Convention on Climate (CCC) gathered 150 people, randomly selected but representing the diversity of French society. Its mandate was to formulate a series of concrete measures aimed to achieve at least a 40% reduction of greenhouse gas emissions by 2030 (compared to 1990) while preserving social justice. The citizens auditioned experts on various topics from climate to economics and
No abstract is available for this article.
- In this issue
Components of Legal Concepts: Quality of Law, Evaluative Judgement, and Metaphorical Framing of Article 8 ECHR
This paper looks at the use of metaphor and its effect on the interpretation of the ‘quality of law’ in Art. 8 cases of the European Court of Human Rights. It demonstrates the Court's reproduction of specific metaphorical frames ‐ a finding consistent with the use of metaphor in judgment experiments in cognitive linguistics. The Court employs metaphors conceptually coherent with those used in...
The citizen‐makers: Ethical dilemmas in immigrant integration
The topic of citizen‐making—turning migrants into citizens—is one of the most politically contested policy areas in Europe. Access to European citizenship is governed by national law with almost no EU regulation. The Article brings to the fore normative concerns associated with citizen‐making policies in Europe (Section 2). It examines ethical dilemmas involved in the process of creating new...
No abstract is available for this article.
The prohibition to abuse one's human rights: A theory
Supporters of communism, national socialism and radical Islamism, but also people who incite racial hatred or deny the Holocaust, see their rights severely curtailed by the abuse clause of Article 17 of the European Convention on Human Rights. To make sense of this provision, this paper first introduces the distinction between abusable and non‐abusable rights in order to delimit the scope of...
Towards a common standard of protection of the right to housing in Europe through the charter of fundamental rights
The trend towards the financialisation of housing since the 1980s and the global financial crisis exposed a dramatic lacuna in the legal protection of the right to housing. Yet, the right to housing features not only in national and international human rights instruments, but also in the EU Charter of Fundamental Rights. Charter rights are increasingly finding expression in the case law of the...
Staring into the abyss: A crisis of the rule of law in the EU
Acceptance of the meaning, operation and enforcement of the rule of law in the EU by its Member States is critical to the Union's legitimacy. Any perceived or real crisis in the rule of law thus merits careful consideration. This article focuses on how a crisis in the rule of law occurred within the EU and how the intended ambiguity of the rule of law has entrenched this crisis. This article...
Vulnerability as a normative argument for accommodating “justice” within the AFSJ
Vulnerability is a concept that stems from ethics and legal theory. It has progressively gained momentum in international human rights law, in particular in the European contextof the European Court of Human Rights adjudications. Also, the European Union is sensitive to it.By the introduction of competences in the Area of Freedom, Security and Justice (AFSJ) we are witnessing a progressive “vulner
No abstract is available for this article.
Demultilateralisation: A cognitive psychological perspective
This contribution seeks to illuminate the looming phenomenon of demultilateralisation and the return of and to the nation state, i.e. closure. Whereas many reasons for opening and closure have been discussed by Habermas in his eminent essay, we aim at providing an additional dimension, taking a psychological point of view and analysing this proclivity from a behaviourally informed perspective....
Discourse theory of law in times of populism
Jürgen Habermas's discourse theory of law has shaped debates on what we consider to be legitimate law. This contribution will firstly identify the Zeitgeist in which discourse theory emerged. Secondly, it points out the emancipatory potential of law that discourse theory has helped us to understand, both on a domestic and a transnational level. Thirdly, the paper turns to discuss two recent...
Of citizens and plebeians: Postnational political figures in Jürgen Habermas and Jacques Rancière
This paper focuses on Habermas's notion of cosmopolitan democracy. Reconfiguring the basic ideas of democracy in postnational terms is inevitable if social and political integration is to succeed on a supranational level. In exploring Habermas's ideas, we draw on Rancière, whose thought stands in a complex relationship to Habermas. On the one hand, Rancière largely shares Habermas's diagnosis of...