The procedure of challenging austerity measures for EU fundamental rights violations during the financial crisis has revealed a serious ‘review gap’ due to the – often atypical – nature of financial measures and the Charter’s limited application. This article examines a different way to address the ‘review gap’ by focusing on EU citizenship’s role to provide the ‘way into’ EU law, allowing Charter rights to be invoked in a broader scope of application that would encompass austerity measures challenges. Specifically, Article 20 Treaty on the Functioning of the European Union (TFEU) and the ‘substance of rights’ doctrine can provide that opening, when placed into a different jurisdictional test that also involves the ‘operationalisation’ of Article 2 Treaty on European Union (TEU). This ‘inverse applicability of EU law’ test will allow further rights to be judicially incorporated into the list already expressly articulated in Article 20 TFEU, creating a bridge between what are traditionally conceived as ‘purely internal situations’ and establishing the necessary ‘connecting factor’ to EU law. EU Courts, Right to trial within a reasonable time, Excessive duration of court proceedings, Effective remedies, Damages liability of the EU, Economic harm, Non-material harm, Conditions for liability, Requirements for establishing harm and causation, Significance for EU damages liability law
{"title":"The Application of EU Fundamental Rights During the Financial Crisis: EU Citizenship to the Rescue?","authors":"Katerina Kalaitzaki","doi":"10.2139/ssrn.3740529","DOIUrl":"https://doi.org/10.2139/ssrn.3740529","url":null,"abstract":"The procedure of challenging austerity measures for EU fundamental rights violations during the financial crisis has revealed a serious ‘review gap’ due to the – often atypical – nature of financial measures and the Charter’s limited application. This article examines a different way to address the ‘review gap’ by focusing on EU citizenship’s role to provide the ‘way into’ EU law, allowing Charter rights to be invoked in a broader scope of application that would encompass austerity measures challenges. Specifically, Article 20 Treaty on the Functioning of the European Union (TFEU) and the ‘substance of rights’ doctrine can provide that opening, when placed into a different jurisdictional test that also involves the ‘operationalisation’ of Article 2 Treaty on European Union (TEU). This ‘inverse applicability of EU law’ test will allow further rights to be judicially incorporated into the list already expressly articulated in Article 20 TFEU, creating a bridge between what are traditionally conceived as ‘purely internal situations’ and establishing the necessary ‘connecting factor’ to EU law.\u0000EU Courts, Right to trial within a reasonable time, Excessive duration of court proceedings, Effective remedies, Damages liability of the EU, Economic harm, Non-material harm, Conditions for liability, Requirements for establishing harm and causation, Significance for EU damages liability law","PeriodicalId":230704,"journal":{"name":"University of Edinburgh School of Law Legal Studies Research Paper Series","volume":"9 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133104619","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The introduction of “nationally determined contributions” into the Paris Agreement was a risky if necessary strategy. NDCs are risky in that they are a novel device which could well underdeliver the key climate goods of mitigation, adaptation, and finance; but they are necessary given that they were likely the only means to achieve buy-in from key negotiating parties.
{"title":"Paris Agreement, Article 3","authors":"N. Ghaleigh, Cleo Verkuijl","doi":"10.2139/ssrn.3545412","DOIUrl":"https://doi.org/10.2139/ssrn.3545412","url":null,"abstract":"The introduction of “nationally determined contributions” into the Paris Agreement was a risky if necessary strategy. NDCs are risky in that they are a novel device which could well underdeliver the key climate goods of mitigation, adaptation, and finance; but they are necessary given that they were likely the only means to achieve buy-in from key negotiating parties.","PeriodicalId":230704,"journal":{"name":"University of Edinburgh School of Law Legal Studies Research Paper Series","volume":"67 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-02-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114922686","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2013-05-14DOI: 10.1093/ACPROF:OSO/9780199677344.003.0038
Kenneth G C Reid
On October 1, 1878, the doors of the City of Glasgow Bank closed at the usual hour, never to re-open. The sudden collapse of one of Scotland’s largest financial institutions was a calamity for those directly affected, as well as a serious blow to the wider Scottish economy. In the end, all depositors and creditors would be paid in full, but only because, as with all joint-stock banks in Scotland, the liability of the Bank’s shareholders was unlimited. Six out of seven shareholders were ruined by the collapse, and those who were not suffered catastrophic losses. Particular objects of pity were those who held shares, not for themselves, but in trust for others. Yet, in the distinctive nature of the Scottish trust there was hope that their liability might be confined to the trust estate, leaving unaffected their personal wealth. The issue was tested in a litigation which was fought all the way to the House of Lords: Muir versus City of Glasgow Bank. A great deal is known about this case because the arguments of counsel were taken down verbatim and later published. This paper explores the background to the litigation, the manner in which it was conducted, both in the Court of Session and in the House of Lords, and the reasoning employed by counsel and by the judiciary. In deciding that the trustees must pay out of their own pockets, the court discounted any Scottish specialties and applied a rule which was already well-established in England. Yet within a few years, the law in Scotland was to be re-assembled in a manner which asserted the separation of trust and private liability and which led, in modern times, to the idea of the trust as a separate patrimony of assets and liabilities.
{"title":"Embalmed in Rettie: The City of Glasgow Bank and the Liability of Trustees","authors":"Kenneth G C Reid","doi":"10.1093/ACPROF:OSO/9780199677344.003.0038","DOIUrl":"https://doi.org/10.1093/ACPROF:OSO/9780199677344.003.0038","url":null,"abstract":"On October 1, 1878, the doors of the City of Glasgow Bank closed at the usual hour, never to re-open. The sudden collapse of one of Scotland’s largest financial institutions was a calamity for those directly affected, as well as a serious blow to the wider Scottish economy. In the end, all depositors and creditors would be paid in full, but only because, as with all joint-stock banks in Scotland, the liability of the Bank’s shareholders was unlimited. Six out of seven shareholders were ruined by the collapse, and those who were not suffered catastrophic losses. Particular objects of pity were those who held shares, not for themselves, but in trust for others. Yet, in the distinctive nature of the Scottish trust there was hope that their liability might be confined to the trust estate, leaving unaffected their personal wealth. The issue was tested in a litigation which was fought all the way to the House of Lords: Muir versus City of Glasgow Bank. A great deal is known about this case because the arguments of counsel were taken down verbatim and later published. This paper explores the background to the litigation, the manner in which it was conducted, both in the Court of Session and in the House of Lords, and the reasoning employed by counsel and by the judiciary. In deciding that the trustees must pay out of their own pockets, the court discounted any Scottish specialties and applied a rule which was already well-established in England. Yet within a few years, the law in Scotland was to be re-assembled in a manner which asserted the separation of trust and private liability and which led, in modern times, to the idea of the trust as a separate patrimony of assets and liabilities.","PeriodicalId":230704,"journal":{"name":"University of Edinburgh School of Law Legal Studies Research Paper Series","volume":"36 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2013-05-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127030013","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Joseph Weiler’s 1991 article, The Transformation of Europe (TOE), was undoubtedly a landmark in European legal scholarship, but it also marked a watershed in its author’s own approach to the European project. European legal scholarship was never the same after TOE, but nor was Joseph Weiler’s contribution to that body of scholarship. In some ways, a shift in perspective is to be expected. TOE was an agenda-reshaping piece, and it is only natural that its author should follow the new agenda that he did so much to set. That is one part of the story. However, I believe that it is also the case that the author gradually came to understand the new agenda to be less relevant, or less ‘actionable’ than previously he had, and in any case less central, either because the world had simply moved on yet again in new and unpredictable ways, or, perhaps, because the agenda had never been as open as he once believed. In this retrospective comment, I explore both parts of the story. I examine what they tell us about the evolving character of supranational Europe as a political project and also as a field of inquiry, and how this movement is both reflected in and touched by the thought of one of the leading jurists of the age. In particular, I examine Weiler's post-TOE thesis of political Messianism as a way of accounting for both the early success and the recent loss of momentum of the EU. And in introducing the metaphor of the 'half-life' as the characteristic of an entity in irreversible decline, I address the following issues: whether and to what extent Weilers' views on the trajectory of Supranational Europe are consistent with such a metaphorical depiction; precisely what such a depiction entails in terms of the EU's prognosis; and how this approach might be challenged.
约瑟夫·韦勒(Joseph Weiler) 1991年的文章《欧洲的转型》(The Transformation of Europe, TOE)无疑是欧洲法学研究的一个里程碑，但它也标志着作者自己研究欧洲计划的一个分水岭。在TOE之后，欧洲的法律学术再也不一样了，但约瑟夫·韦勒对这一学术体系的贡献也不一样了。在某些方面，观点的转变是可以预料的。《TOE》是一篇重塑议程的文章，它的作者自然应该遵循他为之付出了巨大努力的新议程。这是故事的一部分。然而，我相信这也是作者逐渐理解新议程不那么相关，或者不那么“可操作”的情况，而且无论如何也不那么核心，要么是因为世界又以新的和不可预测的方式向前发展，或者，也许是因为议程从未像他曾经相信的那样开放。在这篇回顾性评论中，我对故事的两个部分进行了探讨。我研究了他们告诉我们的超国家欧洲作为一个政治项目和一个研究领域的演变特征，以及这一运动是如何反映并被当时一位主要法学家的思想所触动的。特别地，我研究了维勒的后toe政治弥赛亚主义理论，作为解释欧盟早期成功和最近失去动力的一种方式。在引入“半衰期”这个隐喻作为一个实体不可逆转衰退的特征时，我提出了以下问题:维勒斯关于超国家欧洲轨迹的观点是否以及在多大程度上与这种隐喻性描述相一致;确切地说，这种描述对欧盟的预测意味着什么;以及这种方法可能会受到怎样的挑战。
{"title":"A European Half-Life? A Retrospective on Joseph Weiler's 'The Transformation of Europe'","authors":"Neil Walker","doi":"10.2139/ssrn.2200880","DOIUrl":"https://doi.org/10.2139/ssrn.2200880","url":null,"abstract":"Joseph Weiler’s 1991 article, The Transformation of Europe (TOE), was undoubtedly a landmark in European legal scholarship, but it also marked a watershed in its author’s own approach to the European project. European legal scholarship was never the same after TOE, but nor was Joseph Weiler’s contribution to that body of scholarship. In some ways, a shift in perspective is to be expected. TOE was an agenda-reshaping piece, and it is only natural that its author should follow the new agenda that he did so much to set. That is one part of the story. However, I believe that it is also the case that the author gradually came to understand the new agenda to be less relevant, or less ‘actionable’ than previously he had, and in any case less central, either because the world had simply moved on yet again in new and unpredictable ways, or, perhaps, because the agenda had never been as open as he once believed. In this retrospective comment, I explore both parts of the story. I examine what they tell us about the evolving character of supranational Europe as a political project and also as a field of inquiry, and how this movement is both reflected in and touched by the thought of one of the leading jurists of the age. In particular, I examine Weiler's post-TOE thesis of political Messianism as a way of accounting for both the early success and the recent loss of momentum of the EU. And in introducing the metaphor of the 'half-life' as the characteristic of an entity in irreversible decline, I address the following issues: whether and to what extent Weilers' views on the trajectory of Supranational Europe are consistent with such a metaphorical depiction; precisely what such a depiction entails in terms of the EU's prognosis; and how this approach might be challenged.","PeriodicalId":230704,"journal":{"name":"University of Edinburgh School of Law Legal Studies Research Paper Series","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2013-01-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128864261","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
This paper examines the implications of the visa liberalisation dialogues which took place between the European Commission and national governments of the Western Balkans for the citizenship regimes of the countries concerned. The visa liberalisation process is approached as a tool of Europeanisation of the area of justice, freedom and security and as an exercise of EU conditionality. The analysis reflects on the negotiations for visa liberalisation as well as the mechanisms established for post-visa liberalisation monitoring. Looking both at the formal benchmarking process and through interviews with stakeholders at the national level, the paper traces how the visa liberalisation process affected the status and rights dimension of citizenship in the region.
{"title":"Europeanisation Through Mobility: Visa Liberalisation and Citizenship Regimes in the Western Balkans","authors":"Simonida Kacarska","doi":"10.2139/SSRN.2115563","DOIUrl":"https://doi.org/10.2139/SSRN.2115563","url":null,"abstract":"This paper examines the implications of the visa liberalisation dialogues which took place between the European Commission and national governments of the Western Balkans for the citizenship regimes of the countries concerned. The visa liberalisation process is approached as a tool of Europeanisation of the area of justice, freedom and security and as an exercise of EU conditionality. The analysis reflects on the negotiations for visa liberalisation as well as the mechanisms established for post-visa liberalisation monitoring. Looking both at the formal benchmarking process and through interviews with stakeholders at the national level, the paper traces how the visa liberalisation process affected the status and rights dimension of citizenship in the region.","PeriodicalId":230704,"journal":{"name":"University of Edinburgh School of Law Legal Studies Research Paper Series","volume":"165 2","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2012-07-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133321522","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Evidence to the Committee on Standards in Public Life: Inquiry into Party Political Finance","authors":"N. Ghaleigh","doi":"10.2139/SSRN.1717964","DOIUrl":"https://doi.org/10.2139/SSRN.1717964","url":null,"abstract":"Evidence of Navraj Singh Ghaleigh, Lecturer in Public Law, University of Edinburgh to the Committee on Standards in Public Life, 1 December 2010.","PeriodicalId":230704,"journal":{"name":"University of Edinburgh School of Law Legal Studies Research Paper Series","volume":"25 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2010-11-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121688413","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
This article aims at contributing to the mapping of the relationship between philosophy and economy in the foundation of consumer protection and, in particular, in consumer law. This modest objective is achieved by means of two different maps, to wit (a) a map of the relationships between the economical and politico-philosophical discourses in relation to consumer law and, (b) a map of the relations between consumer law and arguments about political justice.O presente artigo tem o objetivo singelo de contribuir para o mapeamento das relacoes entre filosofia e economia na fundamentacao da defesa do consumidor e, em particular, do direito do consumidor. Esse objetivo modesto se cumpre por meio de dois mapas distintos, a saber, (a) um mapa das relacoes entre o discurso economico e o discurso da filosofia politica sobre o direito do consumidor e, (b) um mapa das relacoes entre direito do consumidor e argumentos sobre justica politica.
{"title":"Economic and Non-Economic Foundations for the Consumer (Fundamentos Econômicos e Não-Econômicos Para a Defesa do Consumidor) (Portuguese)","authors":"Cláudio Michelon","doi":"10.2139/SSRN.1585887","DOIUrl":"https://doi.org/10.2139/SSRN.1585887","url":null,"abstract":"This article aims at contributing to the mapping of the relationship between philosophy and economy in the foundation of consumer protection and, in particular, in consumer law. This modest objective is achieved by means of two different maps, to wit (a) a map of the relationships between the economical and politico-philosophical discourses in relation to consumer law and, (b) a map of the relations between consumer law and arguments about political justice.O presente artigo tem o objetivo singelo de contribuir para o mapeamento das relacoes entre filosofia e economia na fundamentacao da defesa do consumidor e, em particular, do direito do consumidor. Esse objetivo modesto se cumpre por meio de dois mapas distintos, a saber, (a) um mapa das relacoes entre o discurso economico e o discurso da filosofia politica sobre o direito do consumidor e, (b) um mapa das relacoes entre direito do consumidor e argumentos sobre justica politica.","PeriodicalId":230704,"journal":{"name":"University of Edinburgh School of Law Legal Studies Research Paper Series","volume":"30 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2010-04-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127136865","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2009-03-31DOI: 10.3366/E1364980909000560
Andrew J M Steven
This paper analyses the extent to which real security over land in Scotland complies with the accessoriness principle. It takes both a historical and a comparative approach and also considers accessoriness in the context of the proposed Euromortgage.
{"title":"Accessoriness and Security Over Land","authors":"Andrew J M Steven","doi":"10.3366/E1364980909000560","DOIUrl":"https://doi.org/10.3366/E1364980909000560","url":null,"abstract":"This paper analyses the extent to which real security over land in Scotland complies with the accessoriness principle. It takes both a historical and a comparative approach and also considers accessoriness in the context of the proposed Euromortgage.","PeriodicalId":230704,"journal":{"name":"University of Edinburgh School of Law Legal Studies Research Paper Series","volume":"97 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2009-03-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116671145","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The paper explores the interactions between intellectual property law and human rights and competition law, arguing that the first must be subject to the latter two, albeit that it also gives expression to aspects of both.
{"title":"Towards Utopia or Irreconcilable Tensions? Thoughts on Intellectual Property, Human Rights and Competition Law","authors":"H. MacQueen","doi":"10.2139/SSRN.2430757","DOIUrl":"https://doi.org/10.2139/SSRN.2430757","url":null,"abstract":"The paper explores the interactions between intellectual property law and human rights and competition law, arguing that the first must be subject to the latter two, albeit that it also gives expression to aspects of both.","PeriodicalId":230704,"journal":{"name":"University of Edinburgh School of Law Legal Studies Research Paper Series","volume":"50 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2005-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116754504","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
京公网安备 11010802042870号
京ICP备2023020795号-1
扫码关注我们
求助内容：
应助结果提醒方式：