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1
DORIS, Martin. "Dealing with divergence dispute avoidance and detrimental reliance in European contract law." Doctoral thesis, European University Institute, 2007. http://hdl.handle.net/1814/7080.
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Defence date: 28 May 2007<br>Examining board: Prof. Christian Joerges, European University Institute, Florence ; Prof. Jacques Ziller, European University Institute, Florence ; Prof. Horatia Muir Watt, Université Paris I ; Prof. Christoph Schmid, ZERP Bremen<br>PDF of thesis uploaded from the Library digital archive of EUI PhD theses<br>no abstract available
2
Adolfsson, Maja, and Anneli Lundmark. "FIXED-TERM CONTRACTS, TRADE UNION REPRESENTATION AND EMPLOYER-PAID TRAINING : A Comparative Multilevel Analysis Across 35 European Countries." Thesis, Umeå universitet, Sociologiska institutionen, 2019. http://urn.kb.se/resolve?urn=urn:nbn:se:umu:diva-163117.
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This thesis examines the moderating role of trade union representation in addressing the gap in employer-provided training between permanent workers and workers with fixed-term contracts (FTCs) from a cross-country, comparative perspective. The impact of trade union representation is measured on two different levels: (1) access to trade union representation at the workplace at the individual-level (2) average trade union representation at the country-level, measured as trade union power. The statistical analyses are performed using data from the 2015 European Working Conditions Survey (EWCS) and multilevel modelling. Our result suggests that, across the European countries, workers with FTCs receive less employer-paid training than permanent workers. Regarding the impact of trade union representation, statistically significant result is found only at the individual-level, where access to trade union representation increases employer-paid training regardless of employment contract. For the interaction between access to trade union representation at the individual-level and FTC, no significant relationship is found. However, the models with the cross-level interaction between trade union power and FTC indicate that employer-paid training increases for permanent workers only. Our findings suggest that trade union representation at the workplace could operate as an equalizer between permanent workers and FTC workers, while at the country-level, their lobbying effect is beneficial for permanent workers only
3
Xu, Mu Chi. "Flexibility versus certainty : a comparative study of choice of law rules regarding contractual liabilities in the European Union and Mainland China." Thesis, University of Macau, 2009. http://umaclib3.umac.mo/record=b2112293.
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Rasco, Clark Joseph. "Demographic trends in the European Union : political and strategic implicaitons /." Monterey, Calif. : Springfield, Va. : Naval Postgraduate School ; Available from National Technical Information Service, 2004. http://library.nps.navy.mil/uhtbin/hyperion/04Jun%5FRasco.pdf.
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Li, Xin. "European identity, a case study." Thesis, University of Macau, 2009. http://umaclib3.umac.mo/record=b2555548.
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Krasniuk, S. O. "Adult learning technologies in the European Union countries." Thesis, Київський національний університет технологій та дизайну, 2018. https://er.knutd.edu.ua/handle/123456789/10707.
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Slapin, Jonathan B. "Institutional design in the European Union how governments negotiated the Treaty of Amsterdam /." Diss., Restricted to subscribing institutions, 2007. http://proquest.umi.com/pqdweb?did=1459915981&sid=1&Fmt=2&clientId=1564&RQT=309&VName=PQD.
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Tan, Zu Jia. "Analysis on the integration of EU consumer credit markets : a co-integration analysis." Thesis, University of Macau, 2011. http://umaclib3.umac.mo/record=b2555572.
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Yucesan, Esin. "Stock Market Integration Between Turkey And European Union Countries." Thesis, METU, 2004. http://etd.lib.metu.edu.tr/upload/12605686/index.pdf.
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The objective of the study is to analyze the effects of two breakpoints on the relationships of Istanbul Stock Exchange with the European stock markets and on the relationships among these European stock markets to increase the economic integration. The breakpoints are the execution of the Customs Union Agreement of Turkey with the European Union in 1/1/1996 and the introduction of the Euro in 1/1/1999. While both breakpoints have effects on Turkey&rsquo<br>s economic relations, the European Union countries are expected to be influenced by only the introduction of the Euro. Stock market indices provided by DataStream is utilized. The statistical techniques used include the correlation and cointegration analysis. Results indicate that when examined on pair wise basis Turkish stock market has more liaisons with the European stock markets, in general, after the Customs Union<br>but less liaisons after the conversion to Euro. However, when examined as a group, the cointegration result finds the Euro as influential as the Customs Union. Alternatively, the European stock markets have decreasing integrations as a result of correlation analysis after the Euro, but it is an influential breakpoint according to cointegrating structures.
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Nezhyvenko, Oksana. "Informal employment in Ukraine and European Union transition countries." Thesis, Paris Est, 2018. http://www.theses.fr/2018PESC0047/document.
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L'emploi informel est devenu un sérieux défi pour l'économie ukrainienne et des pays en transition au cours de l'adaptation aux conditions du marché. La tendance du nombre de travailleurs qui participent au secteur informel est en hausse depuis les dernières années. Dans mes recherches, je vais présenter l'état actuel de l'emploi informel en Ukraine et les pays en transition. Une attention particulière est accordée à la répartition du travail entre les différentes catégories de population, en divisant les individus en cinq catégories (employés formels, employés informels, travailleurs indépendants formels, travailleurs indépendants informels et chômeurs) selon la définition de l'emploi informel de l'OIT. Nous examinons le marché du travail en utilisant les données de Ukrainian Longitudinal Monitoring Survey pour l'Ukraine et Survey on Living and Income Conditions pour les pays en transition et nous élaborons la fonction des gains du capital humain pour le marché du travail en appliquant la fonction de répartition des gains de Mincer, afin d'étudier les facteurs qui déterminent les revenus et le choix de l'emploi de l'individu en Ukraine et les pays en transition<br>Informal employment became a serious challenge for the Ukrainian economy and economy of transition countries during the adjustment to market conditions. Trends of the number of workers participating in the informal sector have been rising for the last years. In my research I will present the current state of informal employment of Ukraine and transition countries. Detailed attention is paid to labour distribution across different population categories by dividing the individuals into five categories (formal employee, informal employee, formal self-employed, informal self-employed and unemployed) following the definition of informal employment from the ILO. We examine labour market using the data of the Ukrainian Longitudinal Monitoring Survey for Ukraine and the Survey on Living and Income Conditions for transition countries and we design human capital earnings function for labour market by applying Mincer earnings distribution function in order to investigate the factors that determine the individual’s earnings and choice of the employment status both for Ukraine and transition countries
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Etienne, Anne. "Towards European Integration: Do the European Union and Its Members Abide by the Same Principles?" Thesis, University of North Texas, 2004. https://digital.library.unt.edu/ark:/67531/metadc4617/.
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In the last few decades the European Union (EU) and its members have emphasized the importance of human rights and the need to improve human rights conditions in Third World countries. In this research project, I attempted to find out whether the European Union and its members practice what they preach by giving precedence to countries that respect human rights through their Official Development Assistance (ODA) program. Furthermore, I tried to analyze whether European integration occurs at the foreign policy level through aid allocation. Based on the literatures on political conditionality and on the relationship between human rights and foreign aid allocation, I expected that all EU members promote principles of good governance by rewarding countries that protect the human rights of their citizens. I conducted a cross-sectional time-series selection model over all recipients of ODA for each of the twelve members for which I have data, the European Commission, and the aggregate EU disbursements from 1979 to 1998.
12
Shi, Feng. "Principles of European Union water law." Thesis, University of Macau, 2007. http://umaclib3.umac.mo/record=b1944040.
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Dihel, Nora Carina. "Temporary movements of services providers from Central and Eastern European Countries into the European Union /." [Bucureşti] : Ed. DBH, 2005. http://bvbr.bib-bvb.de:8991/F?func=service&doc_library=BVB01&doc_number=013195171&line_number=0001&func_code=DB_RECORDS&service_type=MEDIA.
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Fee, Emma. "'A Europe without dividing lines': the normative framework of the European neighbourhood policy - emergent jus gentium or consolidation of jus civile?" Thesis, McGill University, 2005. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=83952.
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The primary focus of this work is Article 57 of the Draft European Constitution, concerning the constitutionalisation of a new aspect in EU external relations law, 'the European Neighbourhood Policy'. No comprehensive study of this constitutional article has yet been undertaken in EU legal research. Through the medium of the title of my thesis I wish to examine whether it amounts to an emergent jus gentium for the EU or its antithesis, the consolidation of jus civile. In parallel with the nature of the subject, this study is necessarily a legal-political one. Key points identified are the strategic use of human rights, extraterritoriality of law, foreign direct investment and legal imperialism. A number of recent developments, both judicial and legislative, have provoked this study.
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KARAGIANNIS, Yannis. "Preference heterogeneity and equilibrium institutions: The case of European competition policy." Doctoral thesis, European University Institute, 2007. http://hdl.handle.net/1814/15460.
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Defence date: 21 December 2007<br>Examining board: Prof. Adrienne Héritier (EUI)(Supervisor) ; Prof. Christian Joerges (EUI, Law Department) ; Prof. Jacint Jordana (Universitat Pompeu Fabra, Barcelona) ; Prof. Hussein Kassim (Birkbeck College, University of London)<br>PDF of thesis uploaded from the Library digital archive of EUI PhD theses<br>One characteristic of European competition policy is its complex governance structure. On the one hand, the European competition regulator has always enjoyed a high degree of formal autonomy from national governments. On the other hand, that regulator has always been embedded in a multi-task and collegial organisation that mirrors intergovernmental politics. Although the literature has often disapprovingly noted this complexity, it has not been explained. Part I elaborates on the theoretical lens for understanding the governance structures of EC competition policy. Despite the prominence of principal-agent models, transaction cost economics seems to offer a more promising venue. The assumption that Member States maximise their total expected gains and postpone excessive bargaining costs leads to the following hypothesis: the greater the preference heterogeneity (homogeneity) between Member States, the higher (lower) the asset-specific investments involved, hence the higher (lower) the risk of post-contractual hold-ups, and hence the more (less) integrated the governance structures created to sustain future transactions. Alternatively, this logic leads to a deterministic hypothesis about the sufficiency of preference heterogeneities for the production of complex governance structures. Part II examines this deterministic hypothesis. Using various sources, and conducting both within- and comparative case- studies, it analyses three important cases: the negotiations of the Treaty of Paris (1951), of the Treaty of Rome (1957), and of the two implementing Council Regulations (1962 and 2003). The evidence shows that (a) the relevant actors do reason in terms of transaction cost-economising, and (b) in the presence of preference heterogeneity, actors create complex governance structures. Nevertheless, it is also found that (c) the transaction cost-economising logic is not as compelling as it may be in private market settings, as bargaining costs are not systematically postponed to the post-contractual stage, and (d) the transaction costs between Member States are not the only relevant costs.
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Morgan, Rebecca. "Enlargement 2007 : Romania, Bulgaria and the path to the European Union : a thesis submitted in fulfilment of the requirements for the degree Master of Arts in European Studies in the University of Canterbury /." Thesis, University of Canterbury. National Centre for Research on Europe, 2009. http://hdl.handle.net/10092/3219.
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With the enlargement of the EU to 27 member states in 2007, this thesis considers the transition process of Romania and Bulgaria from the fall of communism in 1989 to accession to the European Union in 2007. The research focuses on the political and economic reforms of Romania and Bulgaria, using a chronological approach, to explore the concept of EU impact on countries in transition. The thesis focuses specifically on the ideas of European conditionality and leverage, in order to answer questions on the importance of the EU’s external influence on these two countries, as well as discussing future implications for candidate countries in transition.
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Prosser, Christopher. "Rethinking representation and European integration." Thesis, University of Oxford, 2015. https://ora.ox.ac.uk/objects/uuid:1f596c7e-bfb9-43ff-b3e8-2de716f234ec.
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In representative democracy the chain of political legitimacy runs from voters to governments through votes cast at elections. In order for representation to occur, political parties must offer distinct policy platforms that citizens consider in their vote choices. This thesis examines whether citizens are adequately represented within the European Union. It finds that although representation on left-right issues occurs, it does not occur for European integration preferences. Over the course its history, European integration has changed from being primarily an economic issue to a social issue. This separation from the primary axis of political competition has increased the need for representation on EU issues directly. Political parties have polarised over European integration providing increased choice, but voters have not engaged with the issue. Examining how voters process party signals about policy positions shows that very few are affected by signals on the EU. Accounting for voters' cognitive biases suggests that the influence of EU issues in European Parliament elections has been overestimated and is non-existent in most member-states. As direct democracy might offer an alternative to inadequate representation this thesis examines why referendums have been held on the EU but finds that they are largely driven by governments' desire to contain the threat of EU issues at national elections, further undermining representation. However, as a result of institutional differences between national and European Parliament elections rather than the emergence of the EU as an electoral issue, the size of party systems at European Parliament elections has grown considerably over successive elections in many member-states, a change that has fed into national party systems. Although representation on EU issues is inadequate, the expansion of European party systems and the redrawing of the lines of political competition offers some hope that representation on EU issues might improve in the future.
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SCHOLTES, Julian. "The abuse of constitutional identity : Illiberal constitutional discourse and European constitutional pluralism." Doctoral thesis, European University Institute, 2022. https://hdl.handle.net/1814/73873.
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Defence date: 21 January 2022<br>Examining Board: Professor Gábor Halmai, (EUI); Professor Martijn Hesselink, (EUI); Professor Alexander Somek, (University of Vienna); Professor Neil Walker, (University of Edinburgh)<br>‘Constitutional identity’ has become a key argument in the negotiation of authority between national legal orders and the legal order of the European Union. Many national constitutional courts have declared that the reach of EU law is limited by certain core elements of the national constitution, often labelled ‘constitutional identity’. However, the rise of ‘illiberal democracies’ within the European Union, especially exemplified by the democratic backsliding of Hungary and Poland, has put constitutional identity into a questionable spotlight. Both countries have been leaning on the constitutional identity to both erode European legality and defend their authoritarian constitutional projects againstEuropean criticism. This dissertation deals with the question of how to delimit legitimate invocations of constitutional identity from abuses of constitutional identity. It develops a typology of constitutional identity abuse in three dimensions: The generative, the substantive, and the relational. The generative dimension is concerned with how a constitutional identity claim has come about, its relation to constituent power, constitutional enactment and amendment, the independence of courts, and the regulation of historical memory. The substantive dimension deals with what a constitutional identity claim entails, digging into the normative expectations invoked by the concept and the ways in which it ought to be regarded as intertwined with and embedded in a normative conception of constitutionalism. Finally, the relational dimension is concerned with how a constitutional identity claim is advanced. Advancing a constitutional identity claim in the European legal space evokes notions of diversity, dialogue, recognition, and pluralism, which need to be reciprocated. In each of these dimensions, ways in which constitutional identity can be abused will be identified, using Europe’s ‘backsliding democracies’ Hungary and Poland as the primary case studies, while discussing other countries where appropriate.
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Gürer, Cüneyt. "Divergence of discontent sociopolitical analysis of Turkoskepticism in the European Union enlargement /." [Kent, Ohio] : Kent State University, 2008. http://rave.ohiolink.edu/etdc/view?acc%5Fnum=kent1208521474.
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Thesis (Ph.D.)--Kent State University, 2008.<br>Title from PDF t.p. (viewed May 21, 2009). Advisor: David A. Kessler. Keywords: Turkish EU Membership, European Union Enlargement, Turkoskeptcism. Includes bibliographical references (p. 218-229).
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BARANSKI, Marcin. "Constitutional pluralism in the European Union : a critical reassessment." Doctoral thesis, European University Institute, 2021. https://hdl.handle.net/1814/72280.
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Defence date: 26 July 2021<br>Examining Board: Professor Dennis M. Patterson (European University Institute); Professor Gábor Halmai (European University Institute); Professor Jan Komárek (University of Copenhagen); Professor Alexander Somek (University of Vienna)<br>The aim of this thesis is to offer a comprehensive and critical analysis of one of the most popular and prolific strands in European legal scholarship, i.e., constitutional pluralism. Specifically, the thesis seeks to challenge the central claim advanced by pluralist scholars with regard to the legal structure of the European Union: namely that the relationship between the EU and national legal orders is best conceptualized and understood as a heterarchical rather than hierarchical one. To that purpose, the thesis examines the work of leading scholars of pluralism– –Neil MacCormick, Kaarlo Tuori, Mattias Kumm, and Miguel Poiares Maduro–– all of whom advanced such heterarchical rather than hierarchical understandings of the aforesaid relationship. In so doing, the thesis attempts to address two main questions: first, does pluralism succeed in offering a descriptively and analytically sound account of the common European legal ordering; and second, how do the traditional, positivist, and hierarchical accounts of law fare in comparison with their pluralist contenders? The thesis concludes that while pluralist scholars should be given credit for bringing to light certain distinctive features of the European legal ordering, upon closer examination, their analyses appear to confirm (rather than deny) some crucial insights of said positivist theories, along with their allegedly outdated and distorting, hierarchical understanding of law and legality. Furthermore, it is argued that the pluralist attempts to set aside the positivist questions about the ultimate grounds of law, final authority and constitutional supremacy in the European Union prove unsuccessful in view of the growing constitutional disagreement therein. Finally, the thesis suggests that the nature of the current European legal or constitutional setting is better captured by the notion of national constitutional supremacy, rather than the core pluralist idea of heterarchy.
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Palmer, James Robert. "Science and politics in European energy and environmental policy : the wicked problem of biofuels and indirect land-use change (ILUC)." Thesis, University of Cambridge, 2013. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.608217.
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PALSSON, Matthias Geir. "Unfairness in European contract law and international trade contracts." Doctoral thesis, 2001. http://hdl.handle.net/1814/4739.
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STEPINA, Dana. "Harmonization of European contract law : immovable property purchase contract perspective." Doctoral thesis, 2011. http://hdl.handle.net/1814/18409.
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GORYWODA, Lukasz. "Regulatory functions of European contract law : theoretical foundations and practical applications." Doctoral thesis, 2013. http://hdl.handle.net/1814/27183.
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Defence date: 13 February 2013<br>Examining board: Professor Fabrizio Cafaggi, European University Institute, Florence (Supervisor) Professor Dennis Patterson, European University Institute, Florence Professor Giuseppe Bellantuono, University of Trento Professor Marek Safjan, European Court of Justice, Luxembourg.<br>PDF of thesis uploaded from the Library digital archive of EUI PhD theses<br>Contract law is increasingly becoming an important part of the European regulatory landscape. The increasing recourse to contract law as a regulatory technique triggers fundamental questions about the aims and the effects of contract law. This thesis tackles these questions by investigating the topic of regulatory functions of European contract law. The objective of the analysis is to see which contract law instrument performs which specific regulatory function at each institutional level (European and Member States). Claiming that traditional accounts of contract law do not yield satisfactory results when applied to the analysis of European contract law, I develop a theoretical framework based on the public interest theory of regulation with its central concept of market failure. Application of this framework demonstrates incentive effects that contract law creates for market actors. Because of these incentive effects, contract law can be regarded as a regulatory technique, equivalent to other techniques of social and economic regulation. I argue that regulatory use of contract law concerns not only the European but also the Member State level, and in both cases contract law regulates at all three stages of the regulatory process (standard-setting, monitoring and enforcement). Focusing on three general tools – mandatory rules, default rules, and the general clause of good faith – I demonstrate that each of them plays a different regulatory function. More importantly, regulatory functions of selected contract law instruments vary across institutional levels. Selected examples of the acquis communautaire, including the decisions of the Court of Justice of the European Union, serve as a major testing ground for regulatory functions of European contract law. Given the multi-level character of European contract law, I look at the national level as well. In order to emphasize the regulatory role of civil judges, specific examples are drawn from selected European jurisdictions.
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MUMFORD, Richard Stephen James. "The primary law conditions of the optional instrument in the area of European contract law." Doctoral thesis, 2003. http://hdl.handle.net/1814/5597.
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NIGLIA, Leone. "Contract through Integration: The impact of the EC directive on unfair terms on national regimes of law of contract." Doctoral thesis, 1998. http://hdl.handle.net/1814/4727.
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DUROVIC, Mateja. "The impact of the unfair commercial practices directive (2005/29/EC) on contract law." Doctoral thesis, 2014. http://hdl.handle.net/1814/34559.
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Defence date: 10 July 2014<br>Examining Board: Hans-Wolfang Micklitz, European University Institute (Supervisor); Giorgio Monti, European University Institute; Geraint Howells, University of Manchester; Viktor Kreuschitz, General Court of the European Union.<br>This thesis examines the relationship between the law on unfair commercial practices and consumer contract law. The thesis develops the claim that Directive 2005/29/EC, on unfair commercial practices (UCPD) has had a strong impact on the content of consumer contract law, despite the declaration concerning the independence between both branches of law contained in Article 3(2) UCPD. In order to substantiate this claim, the thesis examines the implications for consumer contract law of the main components of the regulatory regime laid down by the UCPD, namely, (1) the notion of average consumer, (2) the duty to trade fairly, (3) the duty of information and (4) the remedies. By looking both at the theoretical underpinnings and at the actual operation of this regulatory regime, the thesis casts light on the way in which the UCPD has shaped consumer contract law. The thesis further shows that this is an ongoing phenomenon whose ramifications may be far-reaching, for it implies that the UCPD is powerfully fuelling the Europeanization of contract law.
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SCHEBESTA, Hanna. "Towards an EU law of damages : damages claims for violations of EU public procurement law before national and European judges." Doctoral thesis, 2013. http://hdl.handle.net/1814/29598.
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Examining Board: Professor Hans-Wolfgang Micklitz, European University Institute Professor Giorgio Monti, European University Institute Professor Alexandra (Sacha) Prechal, Court of Justice of the European Union Professor Laurence W. Gormley, University of Groningen and College of Europe.<br>Defence date: 16 September 2013<br>First made available online on 15 January 2015.<br>While the law is often highly harmonized at EU level, the ways in which it is realized in the various national courts are not. This thesis looks at enforcement through damages claims for violations of EU public procurement rules. Despite important recent amendments to the procurement remedies regime, the damages provision remains indeterminate. The legislative inertia pressures the CJEU to give an interpretation and raises the question as to how the Court should deal with damages. The requirements on damages claims are clarified under both general and public procurement EU law. The action for damages is conceived as a legal process which incorporates the national realm. Therefore, a comparative law part (covering England, France, Germany and the Netherlands) examines national damages litigation in public procurement law. A horizontal discussion of the legal issues which structurally frame damages claims is provided. The remedy of damages is analyzed as a bundle of rules and its constitutive and quantification criteria are studied, thereby refining the the Member States’ common conceptual base of damages claims. Functionally, the lost chance emerges as a compromise capable of mitigating the typically problematic nature of causation and uncertainty in public procurement constellations. An adjudicative approach to damages in EU law is developed through Member State liability and the procedural autonomy doctrine. Member State liability is construed as a form of constitutional liability which is distinct from damages arising under the 'effectiveness’ postulate of procedural autonomy. Procedural autonomy as currently used is legally indeterminate and inadequate from the point of view of procedural theory. The thesis proposes to sharpen the effectiveness test in three dimensions: material, based on the intrinsic connection between enforcement rules and substantive law; vertical, in delimiting the spheres of influence of national and EU courts; and in terms of institutional balance vis-à-vis the EU legislator.
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GOYDER, Joanna. ""Business format" franchising and EEC competition law : a critical analysis of the European Court of Justice's and the Commission's treatment of franchising contracts and what it can tell us about the aims and purposes of EEC competition law." Doctoral thesis, 1988. http://hdl.handle.net/1814/5550.
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BRUYNINCKX, Tim. "Enriching public procurement regulation through EU state aid law based principles." Doctoral thesis, 2017. http://hdl.handle.net/1814/46751.
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Defence date: 7 June 2017<br>Examining Board: Professor Giorgio Monti, EUI (Supervisor); Professor Petros Mavroidis, EUI; Professor Roberto Caranta, Università di Torino; Professor Kris Wauters, Université Catholique de Louvain-la-Neuve<br>The starting point for the thesis is the problem of negative externalities public purchasing gives rise to. We argue that public procurement regulation, having as an objective the structuring of public markets for public contracts, produces the said market failure, which may adversely affect the competitive dynamics in other markets. This may cause a significant loss of social welfare. The reason why public procurement produces such negative externalities is, so we argue, due to the fact that public procurement regulation is foremost concerned with the internal dimension of public purchasing, i.e. the relationship between the public purchaser and actual and potential tenderers. However, public procurement regulation largely omits the external dimension, i.e. the effects public purchasing produces vis-à-vis markets outside the specific market for the public contract at hand. In our quest for a way to address this problem of negative externalities we argue that these externalities converge to a large extent with an ‘advantage’, being one of the conditions for the EU state aid prohibition (laid down in article107 (1) TFEU) to apply. Hence, we deem EU state aid law to be a valuable source of inspiration to ‘enrich’ public procurement regulation. Such ‘enriched’ public procurement regulation would be able to avoid the occurrence of the negative externalities we identified, or at least to minimise the risk of their occurrence. Examining a number of areas within EU state aid law allowed us to identify a number of principles that ensure absence of an ‘advantage’. These principles constitute the basis for our ‘standard for enrichment’, i.e. a framework for regulatory reform as to public procurement regulation. We also apply this standard to a number of aspects of public procurement regulation. More specifically, we clarify how ‘enriched’ public procurement regulation would materialise as to the following aspects of public purchasing: (i) the disclosure obligation as to award criteria and their belongings, (ii) the pursuit of policy objectives through public purchasing and (iii) modifications to public contracts in the performance phase.
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SCHWENDINGER, Gerd. "Staatliche Zurechnung von Beihilfen gemä? Art. 87 Abs. 1 EGV am Beispiel der deutschen Rundfunkgebührenfinanzierung." Doctoral thesis, 2002. http://hdl.handle.net/1814/5624.
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Modubu, Boitumelo Maleshoane. "A novel interpretation of article 5(1) (b) of the Brussels I Regulation in respect of complex contracts." Thesis, 2015. http://hdl.handle.net/10210/14008.
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Craycraft, Erin E. "European Union trade negotiations with developing countries." 2002. http://catalog.hathitrust.org/api/volumes/oclc/52278869.html.
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STEHMANN, Oliver. "Network competition for European telecommunications." Doctoral thesis, 1993. http://hdl.handle.net/1814/5072.
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Examining board: Jörn Kruse, University of Hohenheim ; Stephen Martin, EUI, supervisor ; Roger Noll, Stanford University ; Louis Phlips, EUI ; George Yarrow, Oxford University<br>Defence date: 7 June 1993<br>First made available online: 31 May 2016<br>The telecommunications industry is in the throes of rapid technological and regulatory change. Markets for terminals and services have been liberalized, and only the provision of networks has remained under the control of national operators. This book analyses from an economist's point of view the benefits which may be expected from the introduction of network competition in Europe, and describes how competition can be reconciled with social objectives. The author first looks at the latest technological developments and discusses the impact of new transmission systems such as mobile phones and satellites, and the convergence of broadcasting and telecommunications. He goes on to weigh up the arguments for and against network competition, looking in particular at the natural monopoly view and at universal service. The third part of the book compares policy in Europe and the USA, with a detailed analysis of the European Commission's approach, and an up-to-date view of the regulatory frameworks in five European member states. Finally, the author sets out a strategy for network competition in Europe which takes into account both the latest developments and the characteristics of the European environment.
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Balvan, Martin. "Tax system of chosen European Union countries." Master's thesis, 2009. http://www.nusl.cz/ntk/nusl-274910.
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LAFFERTY, Michelle Martine. "European citizens' right to vote." Doctoral thesis, 2005. http://hdl.handle.net/1814/5451.
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Patrício, Margarida da Silva. "Determinants of CO2 emissions in European Union countries." Master's thesis, 2020. http://hdl.handle.net/10400.6/10868.
Texte intégralRésumé :
The economic growth is one of the main drivers of pollution. Climate change caused by the
increase in emissions has harmful and irreversible effects on economies as a whole.
Currently, climate change represents a challenging issue for policymakers. This research
intends to contribute to the current debate on the factors that contribute to reducing
emissions, supplying empirical evidence of the role of environmental regulation in this
process. In detail, this research aims to bridge a gap in the literature by giving special
attention to the effects of market-based regulation, regulatory incentive policies for
renewables deployment, and foreign direct investment on carbon dioxide emissions. To
accomplish this objective, it uses yearly data from 1995 to 2017 for 17 European Union (EU)
countries. To control for some possible endogeneity, and to study the short- and the longrun effects individually, an Autoregressive Distributed Lag (ARDL) model was used with a
Driscoll-Kraay estimator. The main findings show that environmental regulation is effective
in cutting CO2 emissions in the long-run. Additionally, the policies supporting renewable
energy sources negatively affect CO2 emissions in both the short- and long-run. The
effectiveness of these policies is further demonstrated, with foreign direct investment
reducing carbon dioxide emissions, suggesting that the EU is managing to attract high
quality and innovative investment. The pollution halo hypothesis was validated for EU
countries.<br>O crescimento económico é uma das principais causas da poluição. As alterações climáticas
causadas pelo aumento das emissões têm efeitos prejudiciais e irreversíveis nas economias
como um todo. Atualmente, as alterações climáticas representam um desafio para os
formuladores de políticas. Esta pesquisa pretende contribuir para o debate atual sobre os
fatores que contribuem para a redução das emissões, fornecendo evidências empíricas do
papel da regulação ambiental nesse processo. Em detalhe, esta pesquisa visa preencher uma
lacuna na literatura, dando especial atenção aos efeitos da regulação baseada no mercado,
políticas regulatórias de incentivo à implementação de energias renováveis e investimento
direto estrangeiro nas emissões de dióxido de carbono. Para atingir esse objetivo, foram
utilizados dados anuais de 1995 a 2017 para 17 países da União Europeia (UE). Para
controlar alguma possível endogeneidade e estudar os efeitos de curto e longo prazo
individualmente, o modelo Autoregressive Distributed Lag (ARDL) foi usado com o
estimador Driscoll-Kraay. As principais conclusões mostram que a regulação ambiental é
eficaz no decréscimo as emissões de CO2 a longo prazo. Além disso, as políticas de apoio às
fontes de energia renováveis afetam negativamente as emissões de CO2 no curto e no longo
prazo. A eficácia dessas políticas é demonstrada ainda mais, uma vez que o investimento
direto estrangeiro reduz as emissões de dióxido de carbono, sugerindo que a UE está a
conseguir atrair investimento inovador e de alta qualidade. A hipótese pollution halo foi
validada para os países da UE.
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Hsieh, Yi-Fong, and 謝衣鳯. "The money and inflation in European union countries." Thesis, 2019. http://ndltd.ncl.edu.tw/handle/p8w7wr.
Texte intégralRésumé :
博士<br>國立政治大學<br>經濟學系<br>107<br>After the 2008 global financial crisis beginning in the U.S., the major economies have been infected by the global systematic financial turmoil. In that case, major monetary authorities have taken preemptive unconventional monetary policies immediately after the interest rate policy fail to keep financial market functioning. Unconventional monetary policy is usually considered as balance sheet policy in peacetime. Recently, a vast of literatures concerning the effects of balance sheet policy shocks reveal that balance sheet policy shocks affected the output and price level positively. Rather, we find that the monetary base and broad money in European Union countries grew disproportionately after the crisis.
In this paper, we apply two panel data models to estimate the inflation effects in European Union countries. We have several findings. First, ECB coordinated central banks to conduct large-scale assets purchase in the euro area, but balance sheet policy has affected these countries differently. Moreover, the Panel VAR results shows that the inflation effect of the mean group is smaller than the results of most empirical literatures. Besides, each individual European Union country responds to balance sheet policy shocks with heterogeneous inflation effects. In addition, some EU countries, such as Belgium, Cyprus, Denmark, Spain, Ireland, Italy, Luxembourg, Poland, Slovenia, and Slovakia, even show deflation replies. Lastly, empirical results of panel data indicate that inflation and monetary base growth rate reveals a significant negative relation, while inflation and M3 growth rate has a positive relation.
39
SCHINK, Gertrud. "Kompetenzerweiterung im Handlungssystem der Europäischen Gemeinschaft : Eigendynamik und policy-entrepreneure : Eine Analyse am Beispiel von Bildung und Ausbildung." Doctoral thesis, 1992. http://hdl.handle.net/1814/4781.
Texte intégralRésumé :
Defence date: 20 November 1992<br>Examining Board: Prof. Dr. Bruno de Wittw, Rijsuniversiteit Limburg ; Prof. Dr. M. Rainer Lepsius (supervisor), Universität Heidelberg ; Prof. Dr. Giandomenico Majone, Europäisches Hochschulinstitut, Florenz ; Prof. Dr. Roger Morgan (co-supervisor), Europäisches Hochschulinstitut, Florenz ; Prof. Dr. Fritz W. Scharpf, Max-Planck Institut für Gesellschaftsforschung, Köln<br>PDF of thesis uploaded from the Library digitised archive of EUI PhD theses completed between 2013 and 2017
40
COUTTS, Stephen. "Citizenship, crime and community in the European Union." Doctoral thesis, 2015. http://hdl.handle.net/1814/37798.
Texte intégralRésumé :
Defence date: 6 November 2015<br>Examining Board: Professor Loïc Azoulai, EUI (Supervisor); Professor Marise Cremona, EUI; Professor Valsamis Mitsilegas, Queen Mary University, London; Professor Niamh Níc Shuibhne, University of Edinburgh<br>The aim of this thesis is to analyse the extent to which criminal law can contribute towards our understanding of Union citizenship and of the political community of the Union. In carrying out this task it adopts a particular perspective on both criminal law and Union citizenship. Firstly, it adopts the criminal law theory developed by RA Duff, premised on the notions of citizenship and community; crimes are viewed as public wrongs, committed against the community. Individuals are held responsible as citizens and are called to account before the community. Secondly, it adopts a particular account of Union citizenship based on a distinction between transnational dimensions and supranational dimensions. The transnational dimension is then broken into two sub-dimensions based on the concepts of social integration and autonomy or a space of free movement. The role of criminal law in these dimensions of Union Citizenship is analysed in the main body of the thesis. Two chapters consider the role of criminal law in social integration in the context of the acquisition of residence rights and the serving of sentences. Two chapters consider the parallels between the autonomy of Union citizens that results in a single space of movement, and the area of justice as it is constructed through the European Arrest Warrant and the operation of a transnational ne bis in idem principle. A final substantive chapter details the competence of the Union to adopt legislation criminalising certain conduct and the extent to which this can be said to contribute to the formation of a community at a supranational level. A conclusion brings together the findings of the thesis in relation to Union citizenship and considers the implications for the structure of the political community in the Union. It is suggested the national remains the main site for communities in the Union. However, transnational processes associated with Union citizenship trigger the emergence of certain supranational norms and ultimately a composite, complementary supranational community.
41
MARZO, Claire. "La dimension sociale de la citoyenneté européenne." Doctoral thesis, 2009. http://hdl.handle.net/1814/12703.
Texte intégralRésumé :
Defence date: 25/09/2009<br>Examining board: Bruno De Witte (EUI); Rostane Mehdi (Université Paul Cézanne, Aix-Marseille III); Marie-Ange Moreau (Supervisor, EUI); Pierre Rodière (Université Panthéon-Sorbonne, Paris 1 )<br>PDF of thesis uploaded from the Library digital archive of EUI PhD theses<br>La dimension sociale de la citoyenneté européenne correspond à une nouvelle tendance de la Cour de justice des Communautés européennes permettant à des citoyens européens d'obtenir des prestations sociales du simple fait de leur statut. Cette innovation jurisprudentielle interroge à deux niveaux. Dans un premier temps, les transformations de la citoyenneté européenne par l'ajout d'une dimension sociale sont envisagées. Cette incongruité est permise par une nature particulière La multiplicité des droits attachés à la citoyenneté européenne par l'article 17 CE et son rapprochement des droits fondamentaux créent un statut doté d'un ensemble de droits dont le citoyen peut se prévaloir. Cette habilitation a été concrétisée par une mise en oeuvre par le législateur et le juge. Le premier a adjoint à la citoyenneté européenne la liberté de circulation des citoyens de l'article 18 CE. Le second lui a associé la principe de non-discrimination en vertu de la nationalité créant une nouvelle méthode de jugement rattachée à à ces deux principes. Dans un second temps, les développements de la politique sociale européenne par la citoyenneté européenne sont pris en compte. La politique sociale a connu plusieurs renouvellements récemment et la citoyenneté européenne n'y est pas étrangère. Elle a trouvé deux manifestations. La première passe par l'application des arrêts relatifs à la citoyenneté européenne. Il s'agit d'accorder au citoyen européen migrant les mêmes droits que les nationaux des Etats membres. C'est ainsi que les domaines nationaux de l'éducation et la sécurité sociale, principalement, se voient modifiés par une approche toujours plus large de l'égalité communautaire. La seconde passe par l'identification d'une nouvelle citoyenneté sociale, distincte de la citoyenneté européenne. C'est alors surtout l'oeuvre du législateur communautaire. En matière de services économiques d'intérêt général comme en matière d'égalité sur les autres fondements que celui de la nationalité, il a conçu une citoyenneté ouverte à tous et ayant pour objet une meilleure inclusion et une meilleure participation des personnes. Cette nouvelle tendance conduit à repenser la politique sociale et à s'interroger sur l'éventuelle ouverture de la citoyenneté européenne à d'autres que les citoyens européens.
42
WENTZEL, Joachim. "An Imperative to Adjust? : skill formation in England and Germany." Doctoral thesis, 2009. http://hdl.handle.net/1814/13283.
Texte intégralRésumé :
Defence Date: 05/12/2009<br>Examining Board: Adrienne Héritier (EUI/RSCAS); Ewart Keep (Cardiff University); Martin Kohli (EUI) (Supervisor); Vivien A. Schmidt (Boston University)<br>PDF of thesis uploaded from the Library digital archive of EUI PhD theses<br>This dissertation deals with education systems and the change observed within them alongside changes in the wider political economy. The research is conducted by way of a comparative case study of England and Germany, two countries which in the Varieties of Capitalism (VoC) literature represent two very different types of economic coordination (thereby making the study conform to a 'most different research design'). Extending the VoC approach, not only vocational education and training but also school education and higher education are analysed, since these two areas contribute decisively to national skill formation. The point of departure is the puzzling fact that the current reforms of the education systems of both countries are departing from the paths predicted by the VoC approach. The thesis thus argues against institutional path-dependency in the two countries, and in favour of an ideational approach based on discursive institutionalism. First, the theoretical chapter (second chapter) of the thesis includes discussions of discursive institutionalism, policy diffusion, and conceptual mechanisms of institutional change, and provides a framework which accounts for path-deviant discourses and reforms. Secondly, a description of the three educational areas in both countries sketches the paths the systems should have pursued if they were to evolve path-dependently. Thereby this chapter serves as a reference point against which recent developments are assessed (fourth chapter). Thirdly, a textual discourse analysis of various White Papers of the British Government formulating policies on skill formation serves to identify visions and aims. The same procedure is applied for relevant policy papers in Germany (fifth chapter). Finally, the translation of visions into concrete policy measures is analysed by focusing on three important reform measures in each country (sixth chapter). On the basis of the policy cycle stages these measures are traced back to their original intentions and are contrasted with the implemented initiatives. This procedure elucidates how reforms match and potentially alter the existing institutional design, how ideas drive educational reforms, and how they resist, 'bend', or even vanish, once they are employed in concrete policy initiatives.
43
SCHLOSSER, Pierre. "Resisting a European fiscal union : the centralized fragmentation of fiscal powers during the euro crisis." Doctoral thesis, 2016. http://hdl.handle.net/1814/44566.
Texte intégralRésumé :
Defence date: 20 December 2016<br>Examining Board: Professor Stefano Bartolini, (EUI - Supervisor); Professor Renaud Dehousse (EUI - formerly at Sciences Po Paris - Co-Supervisor); Professor Henrik Enderlein (Hertie School of Governance); Professor Adrienne Héritier (EUI)<br>The euro crisis has been an existential crisis for Europe and for its stateless currency. It substantially impacted the institutional evolution of Europe’s Economic and Monetary Union (EMU), making EMU’s rules-based logic tumble and triggering an institutional capacitybuilding. The euro crisis period should therefore be regarded as the most constitutionally relevant post-Maastricht European integration moment. This dissertation claims that the euro crisis management, because it involved the adoption of an array of significant fiscal rules, instruments, mechanisms and bodies, has resulted in the institutionalization of a distinctive fiscal authority in Europe. The convoluted process through which this authority has emerged was characterised by a tension between countervailing forces of centralization and fragmentation. This dissertation hence conceptualizes, documents and interprets the logic of a singular institutionalization process in which new fiscal powers became concomitantly centralized, fragmented and delegated to a series of ad hoc bodies operating in the shadow of newly empowered EMU executive institutions. The centrifugal delegation pattern at play is intriguing because it runs against the classic, pre-Maastricht delegation trend that entrusted the European Commission with newly centralized tasks. The new fiscal centre is instead fundamentally fragmented among three key actors: the Eurogroup, the European Central Bank and the Commission. Indeed, the dissertation has found that despite the emergence of a fiscal centre, the European Union still does not dispose of a formalized and settled fiscal power structure. The main puzzle uncovered by this examination is that while a fiscal authority has been institutionalized, no political EU actor has been able to formally embody and exclusively claim this authority. Going forward, formalizing such a political authority would require some form of constitutional settlement to clarify who is Europe’s fiscal primus inter pares.<br>Chapter 3 ‘Enhancing EMU’s fiscal arm: towards stronger regulatory surveillance' of the PhD thesis draws upon an earlier version published as an article 'Public finances in Europe: fortifying EU economic governance in the shadow of the crisis' (2016) in the journal ‘Journal of European integration’
44
PICCOLI, Lorenzo. "The politics of regional citizenship : explaining variation in the right to health care for undocumented immigrants across Italian regions, Spanish autonomous communities, and Swiss cantons." Doctoral thesis, 2018. http://hdl.handle.net/1814/53404.
Texte intégralRésumé :
Defence date: 11 April 2018<br>Examining Board: Prof. Rainer Bauböck, European University Institute (Supervisor); Prof. Maurizio Ferrera, University of Milan; Prof. Andrew Geddes, European University Institute; Prof. Liesbet Hooghe, University of North Carolina at Chapel Hill<br>Over the last forty years, regions in Europe have acquired an increasingly important role in the provision of rights that were traditionally used by states to define the boundaries of national citizenship. Despite this trend, there are still few comparative examinations of what citizenship means for subnational actors, how these affect the provision of rights, and what the consequences of this process are for internal solidarity, the democratic process, and ultimately the constitutional integrity of modern states. These are important questions at a time when ideas about membership and rights within multilevel polities are vigorously contested in courts, legislative chambers, and election booths. Instances of these contestations are the Spanish Constitutional Court’s decision on the legality of subsequent referendums on Catalan secession in 2014 and 2017; the ongoing standoff between the state of California and the American federal government over who ought to regulate the rights of undocumented immigrants; and the Scottish and UK referendums on independence and exit from the European Union, respectively. This dissertation sets out to explain under what conditions, how, and with what kind of consequences some regions are more inclusionary than others in their approach to what citizenship entails and to whom it applies. This is what I refer to as the politics of regional citizenship. The empirical analysis focuses on subnational variations in the realisation of the right to health care for undocumented immigrants in three multilevel states where regional governments have some control over health care and, within these, on pairs of regions that have been governed by either left- or right-wing parties and coalitions: Lombardy (Italy, conservative government from 1995), Tuscany (Italy, progressive government from 1970), Andalusia (Spain, progressive government from 1980), Madrid (Spain conservative government from 1995), Vaud (Switzerland, progressive government from 2002) and Zürich (Switzerland, conservative government from 1991). Evidence is collected via the analysis of over 31 legislative documents and 62 interviews with policy-makers, health care professionals, and members of NGOs. The comparison shows that the interaction of political ideologies at different territorial levels leads to the emergence of contested ideas about citizenship through the use that regional governments make of the distinct traditions of regional protection of vulnerable individuals like minor children, the disabled, and the homeless. The comparison also shows that the structure of the territorial system of the state plays an important role in determining the direction of the politics of regional citizenship. The value assigned to territorial pluralism within a country, in particular, determines whether regional citizenship is developed against the state, as a strategy to manifest dissent and mark the difference—as is the case in Spain and, to some extent, in Italy—or, instead, together with the state, as an expression of multilevel differentiation—as in Switzerland. Importantly, however, regional citizenship does never develop in complete isolation from the state because it always represents an attempt to weaken or reinforce the policies of the central government.
45
SCHMIDT-KESSEN, Maria José. "IP competition conflicts in EU law through five judicial lenses." Doctoral thesis, 2018. http://hdl.handle.net/1814/55264.
Texte intégralRésumé :
Defence date: 21 May 2018<br>Examining Board: Prof. Giorgio Monti, EUI (EUI Supervisor) ; Prof. Urska Šadl, EUI ; Prof. Inge Govaere, College of Europe, Bruges ; Prof. Alison Jones, King's College, London<br>This PhD thesis deals with IP-competition conflicts and how the EU Courts have addressed them over time. It seeks to answer the question of how the reasoning of EU Courts in these cases has been affected by three crucial evolutionary moments in EU law: (1) the Europeanization of IP law (2) the modernization of EU competition law and (3) the elevation of the Charter of Fundamental Rights of the European Union to a primary source of EU law. The first two chapters provide the theoretical framework of the thesis. The first chapter provides a detailed overview of the three crucial evolutionary moments in EU law mentioned above. The second chapter provides an overview of theories about the legal reasoning of EU Courts and about the different approaches that the courts have adopted when deciding IP-competition conflicts. Five such approaches, or judicial lenses, are identified: an economics, a conflict of laws, a conflict of competences, a constitutional and a private law approach. It is shown that these five different approaches can be linked to the three evolutionary moments at the IP-competition interface in EU law. Chapters three to five trace the theoretical insights from the first two chapters in three case studies on specific business methods having given rise to IP-competition conflicts before EU Courts: (i) selective distribution systems, (ii) digital platforms and restrictions of access, and (iii) lock-in strategies on aftermarkets, in particular in the online environment. The case studies analyse how these comparable factual situations of IP-competition conflicts have been treated on the one hand under EU competition law and on the other under EU IP law. In each case study, the legal reasoning is identified and compared between EU competition and IP law. The main finding in the case studies is that EU Courts treat the spheres of EU competition law and IP law as wholly separate. This has led to quite diverging approaches in comparable cases of IP-competition conflicts depending on whether the cases are brought under EU competition law or IP law, jeopardizing the systemic coherence of EU law and disturbing the CJEU’s dialogue with national ii courts. This situation is not sustainable. In an economic environment where the EU’s economies are increasingly depending on e-commerce and digital assets often protected by IP, IP-competition conflicts are bound to increase. To ensure a legal environment that provides legal certainty and equal conditions for firms to thrive across EU Member States without hurting consumers, a more coherent and improved methodological guidance on how to address IP-competition conflicts is needed. The aim of this thesis is to provide a first step in this direction.
46
DE, ANGELIS Andrea. "Bridging troubled water : electoral availability in European party systems in the aftermath of the Great Recession (2009-2014) : an application of Bayesian ideal point estimation." Doctoral thesis, 2017. http://hdl.handle.net/1814/46986.
Texte intégralRésumé :
Defence date: 21 June 2017<br>Examining Board: Professor Alexander H. Trechsel, University of Lucerne (Supervisor); Professor Hanspeter Kriesi, European University Institute; Professor Russell J. Dalton, University of California, Irvine; Professor David Farrell, University College Dublin<br>How is electoral competition structured in Europe? This fundamental problem lies at the core of democracy, as popular sovereignty depends on the existence of a real policy choice, and requires the most preferred alternative being selected and implemented (Dahl 1956). However, there is no consensus yet regarding the actual occurrence of this mechanism of responsive electoral competition (Schumpeter 1942). I develop a new empirical design to test whether a structure of electoral competition in Europe actually exists, based on the idea that greater party system polarization should be associated with a smaller propensity for voters to switch between electoral blocks. To do so, I identify two potential loci of electoral competition in Europe: the left-right dimension (Downs 1957; Bartolini and Mair 1990), and the more recently introduced integration-demarcation cleavage (Kriesi 1998; Kriesi et al. 2006). Data from the European Election Survey (2009, 2014) allow the implementation of the novel design in order to study electoral competition in 27 EU member states. For this thesis to empirically address the question of electoral competition in Europe a preliminary, methodological development has to be made. Indices of political polarization are generally produced using survey respondents’ average perceptions of party positions. I show that this approach leads to systematic measurement error: the problem, known as Differential Item Functioning (DIF), depends on the fact that voter perceptions are subjective and cannot be directly compared, neither within nor between countries. To separate the actual polarization from perceptual bias, I develop a two-stage Bayesian Aldrich-McKelvey (2S-BAM) scaling procedure and apply Dalton’s index on DIF-corrected measures of party positions (ideal points) on both dimensions. Results show that when standard DIF-inflated polarization indices are used, left-right ideology seems to be still structuring European electoral competition. However, once the indices are optimized, using party ideal points, the integration-demarcation cleavage gains the upper hand over the left-right dimension in structuring electoral competition in contemporary Europe. Thus, this thesis makes both a methodological and theoretical, as well as an empirical contribution to the literature in this field.
47
Watanabe, Lisa. "Securing Europe : European security in an American epoch /." 2008. http://gateway.proquest.com/openurl?url_ver=Z39.88-2004&res_dat=xri:pqdiss&rft_val_fmt=info:ofi/fmt:kev:mtx:dissertation&rft_dat=xri:pqdiss:NR40434.
Texte intégralRésumé :
Thesis (Ph.D.)--York University, 2008. Graduate Programme in Political Science.<br>Typescript. Includes bibliographical references (leaves 306-335). Also available on the Internet. MODE OF ACCESS via web browser by entering the following URL: http://gateway.proquest.com/openurl?url_ver=Z39.88-2004&res_dat=xri:pqdiss&rft_val_fmt=info:ofi/fmt:kev:mtx:dissertation&rft_dat=xri:pqdiss:NR40434
48
OLSEN, Espen D. H. "Transnational European citizenship. Tracing conceptions of citizenship in the European integration process." Doctoral thesis, 2008. http://hdl.handle.net/1814/8141.
Texte intégralRésumé :
Defence date: 08 February 2008<br>Examining Board:
Rainer Bauböck (EUI),
Richard Bellamy (University College, London),
Fritz Kratochwil (EUI) (Supervisor),
Antje Wiener (Univ. Bath)<br>This thesis asks what kind of conception(s) of citizenship that have emerged over time within the European integration process. The starting point for this research aim is a critique of the existing literature on European citizenship. Research on European citizenship has tended to fall into a sceptical strand relying on the nation-state model of citizenship (often called the no demos position) or a more visionary strand which interprets the developments of rights on the EU level as a postnational disconnection of citizenship from nationality. These normative strands have tended to translate the question of 'what should it be?' into factual statements on what citizenship in the EU actually is. This thesis has sought to overcome this through a theoretically informed, yet empirically oriented study of how conceptions of European citizenship have developed. Theoretically, the thesis eschews the typical model approach of citizenship studies. It does so by focusing on citizenship as a status of individuals constituted through four analytically distinct, yet potentially inter-related dimensions: membership, rights, participation and identity. This provides a dynamic theory of citizenship where the appearance of and relationship between dimensions is not settled a priori, but rather needs to be scrutinised in practice. Empirically, therefore, these dimensions are utilised in order to ascertain how citizenship has been conceived on two levels of EU integrative politics. The first level is practices of policy- and law-making, starting with the founding treaties of the 1950s and ending with the post-Maastricht debates on Union citizenship. The second level is three instances of constitution-making importance within European integration: the Spinelli Project of the European Parliament, the Maastricht Process and the Convention on the Future of Europe. Methodologically, the analytical assessment of European citizenship discourse is provided on the basis of a process tracing exercise geared towards highlighting the crucial junctures of appearance, consolidation, and/or change with regard to the concept of citizenship. The main conclusion is that European citizenship discourse has created a conception of transnational citizenship, rather than postnational membership. This is visible on both empirical levels. The inherent transnationalism of European citizenship is found to have been initiated already in the founding ECSC and Rome Treaties. Citizenship elements in early European integration, such as free movement, market participation and, later, membership based on nationality in a Member State, created a frame upon which ensuing conceptions of citizenship developed. There were proposals for alternative conceptions based on a stronger notion of a more free-standing European status, for instance in elections to the EP, and more radical ideas of membership through dual European and national citizenship within constitution-making instances. Such proposals did, however, not significantly alter the conception of European citizenship as articulated around the border-crossing of Member State citizens. As much as this has highlighted - against the no demos view - that issues of citizenship are not incompatible with institution building and policy-making 'beyond the nation-state', it is also clear that one cannot detect a significant dissociation of citizenship and rights from nationality, as professed by postnationalists. Citizenship has evolved - mainly within policy practices - as a significant status of individuals within European integration through a transnational 'right to have rights' in second countries. Constitution-making instances have on the whole contributed to a consolidation of the basic tenets emanating from policy practices, rather than producing radical 'constitutional moments' of EU citizenship politics. The conceptual path of European citizenship discourse has, therefore, brought forward a conception based on a core principle of 'no rights without movement'; where elements such as political rights on the European and Member State levels, personhood as an additional condition for access to rights, and residence rights have been added as a consequence of evolving policies and practices of European integration.
49
BOUWEN, Pieter. "Gaining access to the European Union: a theoretical framework and empirical study of corporate lobbying in the European Union." Doctoral thesis, 2002. http://hdl.handle.net/1814/5238.
Texte intégralRésumé :
Defence date: 27 May 2002<br>Examining board: Prof. Adrienne Héritier (Max Planck Project Group on Common Goods, co-supervisor) ; Prof. Philippe Schmitter (EUI) ; Prof. Wolfgang Streeck (Max Planck Institute for the Studies of Societies) ; Prof. Daniel Verdier (EUI, supervisor)<br>PDF of thesis uploaded from the Library digitised archive of EUI PhD theses completed between 2013 and 2017
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MENDES, Joana. "Rights of participation in European administrative law : a rights-based approach to participation in rulemaking." Doctoral thesis, 2009. http://hdl.handle.net/1814/12019.
Texte intégralRésumé :
Awarded the Mauro Cappelletti Prize for the best comparative law doctoral thesis, 2010.<br>Defence date: 16 March 2009<br>Examining Board: Loïc Azoulai (University of Paris II); Paul Craig (St. John's College, Oxford); Bruno De Witte (EUI); Jacques Ziller (Supervisor, former EUI and University of Pavia)<br>PDF of thesis uploaded from the Library digital archive of EUI PhD theses<br>This dissertation critically assesses the current scope and meaning of participation rights in European administrative law and proposes a different normative solution to the problem of the procedural protection of rights and legally protected interests. The analysis of the Courts' case law on this matter demonstrates that their view on participation rights is determined by a bilateral conception of the procedure which involves the decision-maker and the decisiontaker and justifies the latter's right to be heard. All extensions of this right endorsed by the Courts' case law fall within the realm of this basic construction. Likewise, the exclusion of participation rights from rulemaking procedures is a consequence of this basic approach to participation rights. It is defended that the structural scheme within which the European Courts conceive participation rights prevails over the consideration of the substantive adverse effects that may be produced in the legal sphere of legal and natural persons. It is defended that this status quo is too restrictive and overlooks the procedural protection of rights and legally protected interests where this would be justified. An extension of the scope of participation rights is thus proposed. The solution defended is grounded on a concept of participation, built on the basis of rationales of participation that can be derived from the Courts' case law as well as from rules and principles of national laws, and is framed by the concept of legal administrative relationship, which was developed in national administrative law. The solution proposed is deemed to be more consonant with the rule of law, as well as with specific features of European administrative law (in particular with the characteristics of European normative acts and with the centrality of the individual conveyed by principles of European law). This study consists of two parts. First and foremost, it is an interpretation of the Courts' case law regarding participation rights, as well as of selected relevant legal provisions covering this matter. For this purpose, this interpretation combines the literal, teleological, historical and systematic elements of interpretation. The theoretical conceptions that frame the critical analysis of the Courts' stance are grounded on rules, principles and theories found and developed in selected national legal systems. These contribute to a better understanding of participation rights from a de lege lata perspective because they have inspired some of the current features of European administrative law on this matter. Furthermore, they are capable of providing a valuable second level of analysis to critically assess the current status quo. Secondly, this dissertation includes a study of those forms of participation that exist in the EU political system and that do not constitute legally enforceable rights and duties. These demonstrate that participation is a constitutive feature of the EU political system. Moreover, this permits to consider other meanings of participation, which are not fully deprived of legal meaning, to contrast them with the rights-based approach to participation proposed in this dissertation, as well as to demonstrate the little attention given to rights-based participation in European decision-making.