University of Edinburgh School of Law Legal Studies Research Paper Series最新文献

The Application of EU Fundamental Rights During the Financial Crisis: EU Citizenship to the Rescue? 欧盟基本权利在金融危机中的应用:欧盟公民身份的救星?

University of Edinburgh School of Law Legal Studies Research Paper Series Pub Date : 2020-12-01 DOI: 10.2139/ssrn.3740529

Katerina Kalaitzaki

{"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}

引用次数: 0

Paris Agreement, Article 3 《巴黎协定》第三条

University of Edinburgh School of Law Legal Studies Research Paper Series Pub Date : 2020-02-27 DOI: 10.2139/ssrn.3545412

N. Ghaleigh, Cleo Verkuijl

引用次数: 4

Embalmed in Rettie: The City of Glasgow Bank and the Liability of Trustees 在莱蒂防腐:格拉斯哥市银行和受托人的责任

University of Edinburgh School of Law Legal Studies Research Paper Series Pub Date : 2013-05-14 DOI: 10.1093/ACPROF:OSO/9780199677344.003.0038

Kenneth G C Reid

{"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}

引用次数: 1

A European Half-Life? A Retrospective on Joseph Weiler's 'The Transformation of Europe' 欧洲的半衰期?回顾约瑟夫·维勒的《欧洲的转型》

University of Edinburgh School of Law Legal Studies Research Paper Series Pub Date : 2013-01-04 DOI: 10.2139/ssrn.2200880

Neil Walker

{"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}

引用次数: 3

Europeanisation Through Mobility: Visa Liberalisation and Citizenship Regimes in the Western Balkans 通过流动性的欧洲化:西巴尔干地区的签证自由化和公民制度

University of Edinburgh School of Law Legal Studies Research Paper Series Pub Date : 2012-07-12 DOI: 10.2139/SSRN.2115563

Simonida Kacarska

引用次数: 26

Evidence to the Committee on Standards in Public Life: Inquiry into Party Political Finance 给公共生活标准委员会的证据:对政党政治财务的调查

University of Edinburgh School of Law Legal Studies Research Paper Series Pub Date : 2010-11-30 DOI: 10.2139/SSRN.1717964

N. Ghaleigh

引用次数: 0

Economic and Non-Economic Foundations for the Consumer (Fundamentos Econômicos e Não-Econômicos Para a Defesa do Consumidor) (Portuguese) 消费者的经济和非经济基础(fundamentals Econômicos e Não-Econômicos Para a Defesa do Consumidor)(葡萄牙语)

University of Edinburgh School of Law Legal Studies Research Paper Series Pub Date : 2010-04-07 DOI: 10.2139/SSRN.1585887

Cláudio Michelon

引用次数: 0

Accessoriness and Security Over Land 陆地上的附属性和安全性

University of Edinburgh School of Law Legal Studies Research Paper Series Pub Date : 2009-03-31 DOI: 10.3366/E1364980909000560

Andrew J M Steven

引用次数: 4

Towards Utopia or Irreconcilable Tensions? Thoughts on Intellectual Property, Human Rights and Competition Law 走向乌托邦还是不可调和的紧张?知识产权、人权与竞争法的思考

University of Edinburgh School of Law Legal Studies Research Paper Series Pub Date : 2005-12-01 DOI: 10.2139/SSRN.2430757

H. MacQueen

引用次数: 3