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A Comparative Study on Soft Law: Lessons from the COVID-19 Pandemic 软法律比较研究——新冠肺炎疫情的启示
Cambridge Yearbook of European Legal Studies Pub Date : 2021-11-04 DOI: 10.1017/cel.2021.8
Barbara Boschetti, Maria Poli
{"title":"A Comparative Study on Soft Law: Lessons from the COVID-19 Pandemic","authors":"Barbara Boschetti, Maria Poli","doi":"10.1017/cel.2021.8","DOIUrl":"https://doi.org/10.1017/cel.2021.8","url":null,"abstract":"Abstract This article aims to map how soft law tools have complemented and supported the overall regulatory strategies implemented by European countries to counter the Covid-19 crisis (the soft law atlas), to shed light on some key topics of general interest for legal theory and practice: how soft law tools interact and complement one another including on different levels (the soft law web), how soft law tools interact and complement the sources of pandemic law (the interplay between soft and hard law), and the positive and negative impacts on governance and policy-making of soft law tools during the pandemic and beyond (soft law bright and dark sides).","PeriodicalId":52109,"journal":{"name":"Cambridge Yearbook of European Legal Studies","volume":"23 1","pages":"20 - 53"},"PeriodicalIF":0.0,"publicationDate":"2021-11-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42093036","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: 4
The ‘Muting’ of the Stability and Growth Pact 《稳定与增长公约》的“沉默”
Cambridge Yearbook of European Legal Studies Pub Date : 2021-11-03 DOI: 10.1017/cel.2021.6
A. Estella
{"title":"The ‘Muting’ of the Stability and Growth Pact","authors":"A. Estella","doi":"10.1017/cel.2021.6","DOIUrl":"https://doi.org/10.1017/cel.2021.6","url":null,"abstract":"Abstract This article proposes the “muting” of the SGP, the framework of rules that the EU has implemented since the coming into being of the European Monetary Union in the fiscal domain. It is argued herein that the system is far from being credible, from the perspective of the law-as-credibility paradigm. Therefore, the legal condition of the SGP should be “muted”. Three proposals to legally mute the SGP are examined in this article. The Open Method of Coordination is used as a useful model that could be followed from now on in the EU fiscal field. The gains in terms of legal credibility would argue in favour of the muting of the SGP and its correlative conversion into an OMC-like system.","PeriodicalId":52109,"journal":{"name":"Cambridge Yearbook of European Legal Studies","volume":"23 1","pages":"73 - 90"},"PeriodicalIF":0.0,"publicationDate":"2021-11-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43371065","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: 2
RUSSIA'S 2020 CONSTITUTIONAL AMENDMENTS: A COMPARATIVE ANALYSIS 俄罗斯2020年宪法修正案的比较分析
Cambridge Yearbook of European Legal Studies Pub Date : 2021-10-26 DOI: 10.1017/cel.2021.7
William Partlett
{"title":"RUSSIA'S 2020 CONSTITUTIONAL AMENDMENTS: A COMPARATIVE ANALYSIS","authors":"William Partlett","doi":"10.1017/cel.2021.7","DOIUrl":"https://doi.org/10.1017/cel.2021.7","url":null,"abstract":"Abstract This article will place the 2020 amendments to the Russian Constitution in comparative perspective. Although these amendments were officially justified as strengthening the Russian state in order to tackle emerging new problems, they constitutionalise already-existing legislative trends from the last twenty years. They therefore do little to overcome existing problems of Russian state building. What was the reform process about then? It was intended to project the image of reform by involving the people in a staged process of constitutional change while further entrenching the power of the current political elite. The constitutional reforms therefore demonstrate the symbolic role that constitutional law can play in seeking to ensure the survival of mature or later-stage forms of authoritarian populism. This kind of ‘theatrical constitution-making’ is a broader reminder of how the expressive aspects of constitutional change can be (ab)used by established authoritarian regimes.","PeriodicalId":52109,"journal":{"name":"Cambridge Yearbook of European Legal Studies","volume":"23 1","pages":"311 - 342"},"PeriodicalIF":0.0,"publicationDate":"2021-10-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42917218","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: 2
What Are Grand Chambers for? Grand Chambers是干什么的？
Cambridge Yearbook of European Legal Studies Pub Date : 2021-09-15 DOI: 10.1017/cel.2021.5
M. Bobek
{"title":"What Are Grand Chambers for?","authors":"M. Bobek","doi":"10.1017/cel.2021.5","DOIUrl":"https://doi.org/10.1017/cel.2021.5","url":null,"abstract":"Abstract In multi-panelled higher jurisdictions, a larger, extended formation of judges tends to be established within the court. It bears various names: the grand chamber, the extended chamber, the expanded composition, the reunion of several chambers, a court sitting en banc, an extended section or a division of a court. In larger but not too large jurisdictions, the same role is adopted by the plenary. For ease of reference, I shall refer to all such extended judicial formations with the generic name ‘grand chamber’. To bear the same name does not necessarily mean to perform the same function. As a Czech lawyer, I have always intuitively assumed that the role of such a body within an apex court is to unify the case law. In the Czech Republic, as well as in a number of other supreme continental jurisdictions for that matter, there tends to be only one reason for the presence of a grand chamber within a supreme court: to unify the diverging lines of case law and to set a clear line of precedent. However, that has never really been the job description, least of all the practice, of the Grand Chamber of the Court of Justice of the European Union (‘Court’). This begs the question: what may then be other structural reasons for the existence of such a body within an apex jurisdiction? What is the specific role, function, and ensuing justification for the Grand Chamber of the Court? This article offers some personal reflections on that question. It is structured as follows: it begins with a short comparative overview of some of the grand chambers within European (national) courts, overseas in the common law world, as well as at the European Court of Human Rights, in order to tease out the functional rationale for various types of extended judicial compositions within those systems (Part I). Next, two types of such functional justifications for grand chambers in the form of ideal models are identified (Part II). Finally, those justifications are then considered in light of the legislative design and the current practice of the Grand Chamber of the Court, before concluding with two modest suggestions (Part III).","PeriodicalId":52109,"journal":{"name":"Cambridge Yearbook of European Legal Studies","volume":"23 1","pages":"1 - 19"},"PeriodicalIF":0.0,"publicationDate":"2021-09-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46126999","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
Understanding National Remedies and the Principle of National Procedural Autonomy: A Constitutional Approach 理解国家救济与国家程序自治原则：一种宪法视角
Cambridge Yearbook of European Legal Studies Pub Date : 2021-06-14 DOI: 10.1017/cel.2021.12
Daniel Halberstam
{"title":"Understanding National Remedies and the Principle of National Procedural Autonomy: A Constitutional Approach","authors":"Daniel Halberstam","doi":"10.1017/cel.2021.12","DOIUrl":"https://doi.org/10.1017/cel.2021.12","url":null,"abstract":"Abstract This article provides a constitutionally grounded understanding of the vexing principle of ‘national procedural autonomy’ that haunts the vindication of EU law in national court. After identifying tensions and confusion in the debate surrounding this purported principle of ‘autonomy’, the Article turns to the foundational text and structure of Union law to reconstruct the proper constitutional basis for deploying or supplanting national procedures and remedies. It further argues that much of the case law of the Court of Justice of the European Union may be considered through the lens of ‘prudential avoidance’, ie the decision to avoid difficult constitutional questions surrounding the principle of conferral. As the last Part shows, a constitutional understanding of ‘national procedural authority’—not ‘autonomy’—helps clear up some persistent puzzles, and provides critical guidance for when deference to national procedures and remedies is appropriate, and when such deference is misplaced. Comparative references inform the argument along the way.","PeriodicalId":52109,"journal":{"name":"Cambridge Yearbook of European Legal Studies","volume":"23 1","pages":"128 - 158"},"PeriodicalIF":0.0,"publicationDate":"2021-06-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45881199","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: 5
Market Definition in the Platform Economy 平台经济中的市场定义
Cambridge Yearbook of European Legal Studies Pub Date : 2021-03-01 DOI: 10.1017/cel.2021.13
J. Franck, M. Peitz
{"title":"Market Definition in the Platform Economy","authors":"J. Franck, M. Peitz","doi":"10.1017/cel.2021.13","DOIUrl":"https://doi.org/10.1017/cel.2021.13","url":null,"abstract":"Abstract The article addresses the role market definition can play for EU competition practice in the platform economy. The focus is on intermediaries that bring together groups of users whose decisions are interdependent, which therefore are commonly referred to as ‘two-sided platforms’. We address challenges to market definition that accompany these cross-group network effects, assess current practice in a number of competition cases, and provide guidance for adapting practice to properly account for the economic forces shaping markets with two-sided platforms. We ask whether and when a single market can be defined that encompasses both sides. We advocate a multi-markets approach that takes account of cross-market linkages, acknowledges the existence of zero-price markets, and properly accounts for the homing behaviour of market participants.","PeriodicalId":52109,"journal":{"name":"Cambridge Yearbook of European Legal Studies","volume":"23 1","pages":"91 - 127"},"PeriodicalIF":0.0,"publicationDate":"2021-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44367314","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: 7
Can We Make the European Fundamental Freedoms Less Constraining? A Literature Review 我们能减少欧洲基本自由的约束吗？文献综述
Cambridge Yearbook of European Legal Studies Pub Date : 2020-12-01 DOI: 10.1017/cel.2020.11
M. Höpner, S. Schmidt
{"title":"Can We Make the European Fundamental Freedoms Less Constraining? A Literature Review","authors":"M. Höpner, S. Schmidt","doi":"10.1017/cel.2020.11","DOIUrl":"https://doi.org/10.1017/cel.2020.11","url":null,"abstract":"Abstract This article reviews the legal and political science literatures on the extensive interpretation of the European fundamental freedoms and on possible ways out. The common market rules were originally laid down in an international treaty, the Treaty of Rome. In functional terms, this treaty became a de facto constitution, implying that its content, including the fundamental freedoms, were constitutionalised. We review how this constitutionalisation constrains legislators at the Member State and European levels. In order to identify possible ways out, we also review several reform options: institutional reforms of the European judicial system; the de-constitutionalisation of the fundamental freedoms; counterbalancing these freedoms with further strengthened social rights; and contestation of over-constitutionalisation within the given primary law framework. We conclude that reform options are available that could gradually free the legislators from the over-constitutionalisation of the common market rules. Such options should become part of the ‘Conference on the Future of Europe’ process and debates about EU reforms in general, as more flexibility is warranted in a heterogeneous EU.","PeriodicalId":52109,"journal":{"name":"Cambridge Yearbook of European Legal Studies","volume":"22 1","pages":"182 - 204"},"PeriodicalIF":0.0,"publicationDate":"2020-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1017/cel.2020.11","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43248397","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: 7
Square Pegs and Round Holes (Continued): Financial Market Surveillance Authorities and Internal Market Association 方钉和圆孔(续):金融市场监督当局和内部市场协会
Cambridge Yearbook of European Legal Studies Pub Date : 2020-12-01 DOI: 10.1017/cel.2020.10
Georges Baur
{"title":"Square Pegs and Round Holes (Continued): Financial Market Surveillance Authorities and Internal Market Association","authors":"Georges Baur","doi":"10.1017/cel.2020.10","DOIUrl":"https://doi.org/10.1017/cel.2020.10","url":null,"abstract":"Abstract After the financial crisis of 2008, the European Union (‘EU’) not only increased its substantial legislation regarding financial services, but also built up a strong and unified system of financial market supervision. In particular, central surveillance authorities were created. These were given far-reaching competences with regard to substituting dysfunctional national authorities or players in the financial services sector. The three European Economic Area (‘EEA’) and European Free Trade Association (‘EFTA’) States—Iceland, Liechtenstein, and Norway—participate in the EU's internal market through their membership of the EEA. In order to continue participating on an equal footing in the internal market for financial services and to honour their duty to maintain homogeneity, the EEA EFTA States also had to incorporate the new institutional setup regarding financial services supervision. This obligation, however, in particular relating to certain intrusive powers of the new surveillance authorities, collided with some constitutional reservations, above all of the two Nordic EEA EFTA States. This article will show how these conflicting aims could be merged into a system that on the one hand guarantees the unified overall approach needed for strengthened surveillance of the internal market for financial services, and on the other hand safeguards certain constitutional reservations of the EEA EFTA States. It also looks at how third countries that do not (fully) participate in the internal market, such as the United Kingdom and Switzerland, are likely to be treated in this context by the EU.","PeriodicalId":52109,"journal":{"name":"Cambridge Yearbook of European Legal Studies","volume":"22 1","pages":"32 - 59"},"PeriodicalIF":0.0,"publicationDate":"2020-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1017/cel.2020.10","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47993138","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
CEL volume 22 Cover and Front matter CEL第22卷封面和封面
Cambridge Yearbook of European Legal Studies Pub Date : 2020-12-01 DOI: 10.1017/cel.2020.15
{"title":"CEL volume 22 Cover and Front matter","authors":"","doi":"10.1017/cel.2020.15","DOIUrl":"https://doi.org/10.1017/cel.2020.15","url":null,"abstract":"","PeriodicalId":52109,"journal":{"name":"Cambridge Yearbook of European Legal Studies","volume":"22 1","pages":"f1 - f5"},"PeriodicalIF":0.0,"publicationDate":"2020-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1017/cel.2020.15","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44703777","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
CEL volume 22 Cover and Back matter CEL第22卷封面和封底
Cambridge Yearbook of European Legal Studies Pub Date : 2020-12-01 DOI: 10.1017/cel.2020.16
{"title":"CEL volume 22 Cover and Back matter","authors":"","doi":"10.1017/cel.2020.16","DOIUrl":"https://doi.org/10.1017/cel.2020.16","url":null,"abstract":"","PeriodicalId":52109,"journal":{"name":"Cambridge Yearbook of European Legal Studies","volume":"22 1","pages":"b1 - b1"},"PeriodicalIF":0.0,"publicationDate":"2020-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1017/cel.2020.16","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42460641","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
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