Subjects -> LAW (Total: 1584 journals)
    - CIVIL LAW (38 journals)
    - CONSTITUTIONAL LAW (52 journals)
    - CORPORATE LAW (93 journals)
    - CRIMINAL LAW (28 journals)
    - CRIMINOLOGY AND LAW ENFORCEMENT (155 journals)
    - FAMILY AND MATRIMONIAL LAW (24 journals)
    - INTERNATIONAL LAW (191 journals)
    - JUDICIAL SYSTEMS (23 journals)
    - LAW (970 journals)
    - LAW: GENERAL (10 journals)

INTERNATIONAL LAW (191 journals)                     

Showing 1 - 191 of 191 Journals sorted alphabetically
Acta Juridica Hungarica     Full-text available via subscription   (Followers: 6)
African Journal of International and Comparative Law     Hybrid Journal   (Followers: 20)
African Yearbook of International Law Online : Annuaire Africain de droit international Online     Hybrid Journal   (Followers: 9)
Afrilex     Open Access   (Followers: 7)
Agora International Journal of Juridical Sciences     Open Access   (Followers: 3)
AJIL Unbound     Open Access  
American Business Law Journal     Hybrid Journal   (Followers: 25)
American Journal of International Law     Hybrid Journal   (Followers: 69)
American University International Law Review     Open Access   (Followers: 12)
Annuaire Français de Droit International     Full-text available via subscription   (Followers: 2)
Annual Review of Law and Social Science     Full-text available via subscription   (Followers: 16)
Annual Survey of International & Comparative Law     Open Access   (Followers: 16)
Antitrust Chronicle - Competition Policy International     Full-text available via subscription   (Followers: 7)
Anuario Colombiano de Derecho Internacional     Open Access  
Anuario de Derechos Humanos     Open Access  
Anuario Español de Derecho Internacional     Full-text available via subscription   (Followers: 2)
Anuario español de derecho internacional privado     Partially Free  
Anuario Iberoamericano de Derecho Internacional Penal     Open Access   (Followers: 2)
Anuario Mexicano de Derecho Internacional     Open Access   (Followers: 1)
Arbitration International     Full-text available via subscription   (Followers: 20)
ASA Bulletin     Full-text available via subscription   (Followers: 5)
Asia-Pacific Journal of Ocean Law and Policy     Hybrid Journal  
Asian International Arbitration Journal     Full-text available via subscription   (Followers: 4)
Asian Journal of Comparative Law     Hybrid Journal   (Followers: 11)
Asian Journal of International Law     Hybrid Journal   (Followers: 17)
Australasian Policing     Full-text available via subscription   (Followers: 6)
Australian International Law Journal     Full-text available via subscription   (Followers: 23)
Australian Journal of Asian Law     Full-text available via subscription   (Followers: 4)
Austrian Review of International and European Law Online     Hybrid Journal   (Followers: 6)
Baltic Yearbook of International Law Online     Hybrid Journal   (Followers: 4)
Belli Ac Pacis : Jurnal Hukum Internasional     Open Access   (Followers: 2)
Berkeley Journal of International Law     Open Access   (Followers: 24)
Boletin Mexicano de Derecho Comparado     Open Access   (Followers: 2)
Boston College International & Comparative Law Review     Open Access   (Followers: 13)
Brigham Young University International Law and Management Review     Open Access   (Followers: 2)
British Yearbook of International Law     Hybrid Journal   (Followers: 37)
Brooklyn Journal of International Law     Open Access   (Followers: 5)
California Western International Law Journal     Open Access   (Followers: 5)
Canadian Yearbook of International Law / Annuaire canadien de droit international     Full-text available via subscription   (Followers: 3)
Cape Town Convention Journal     Open Access  
Case Western Reserve Journal of International Law     Full-text available via subscription   (Followers: 5)
Chicago Journal of International Law     Full-text available via subscription   (Followers: 8)
Chinese Journal of Environmental Law     Hybrid Journal  
Chinese Journal of Global Governance     Open Access   (Followers: 3)
Chinese Journal of International Law     Hybrid Journal   (Followers: 24)
Climate law     Hybrid Journal   (Followers: 6)
Columbia Journal of Transnational Law     Open Access   (Followers: 9)
Common Law World Review     Full-text available via subscription   (Followers: 17)
Commonwealth Law Bulletin     Hybrid Journal   (Followers: 18)
Comparative and International Law Journal of Southern Africa     Full-text available via subscription   (Followers: 4)
Comparative Strategy     Hybrid Journal   (Followers: 10)
Computer Law Review International     Hybrid Journal   (Followers: 1)
Contemporary Security Policy     Hybrid Journal   (Followers: 20)
Cornell International Law Journal     Open Access   (Followers: 6)
Corporate Governance An International Review     Hybrid Journal   (Followers: 17)
Criterios     Open Access  
Denver Journal of International Law and Policy     Full-text available via subscription   (Followers: 5)
Deusto Journal of Human Rights     Open Access   (Followers: 1)
Duke Journal of Comparative & International Law     Open Access   (Followers: 17)
European Business Law Review     Full-text available via subscription   (Followers: 17)
European Company Law     Full-text available via subscription   (Followers: 14)
European Foreign Affairs Review     Full-text available via subscription   (Followers: 34)
European Journal for Security Research     Hybrid Journal   (Followers: 2)
European Journal of International Law     Hybrid Journal   (Followers: 245)
European Journal of Migration and Law     Hybrid Journal   (Followers: 37)
European Labour Law Journal     Full-text available via subscription   (Followers: 18)
European Political Science     Hybrid Journal   (Followers: 43)
European Property Law Journal     Hybrid Journal   (Followers: 8)
Fordham International Law Journal     Full-text available via subscription   (Followers: 21)
Foreign Policy Bulletin     Hybrid Journal   (Followers: 6)
Frontiers of Law in China     Hybrid Journal   (Followers: 2)
Georgetown Journal of International Law     Full-text available via subscription   (Followers: 14)
Georgia Journal of International and Comparative Law     Open Access   (Followers: 4)
Global Jurist     Hybrid Journal   (Followers: 7)
Global Justice : Theory Practice Rhetoric     Open Access   (Followers: 1)
Harvard International Law Journal     Free   (Followers: 50)
Houston Journal of International Law     Full-text available via subscription   (Followers: 5)
ICSID Review : Foreign Investment Law Journal     Hybrid Journal   (Followers: 11)
Indian Journal of International Law     Hybrid Journal  
Inter: Revista de Direito Internacional e Direitos Humanos da UFRJ     Open Access   (Followers: 1)
Intergenerational Justice Review     Open Access  
International & Comparative Law Quarterly     Full-text available via subscription   (Followers: 271)
International Area Studies Review     Hybrid Journal   (Followers: 3)
International Commentary on Evidence     Hybrid Journal   (Followers: 1)
International Community Law Review     Hybrid Journal   (Followers: 9)
International Comparative Jurisprudence     Open Access   (Followers: 2)
International Human Rights Law Review     Hybrid Journal   (Followers: 30)
International Journal for Court Administration     Open Access   (Followers: 1)
International Journal for the Semiotics of Law     Hybrid Journal   (Followers: 7)
International Journal of Comparative and Applied Criminal Justice     Hybrid Journal   (Followers: 4)
International Journal of Comparative Labour Law and Industrial Relations     Full-text available via subscription   (Followers: 29)
International Journal of Discrimination and the Law     Hybrid Journal   (Followers: 8)
International Journal of Evidence and Proof     Full-text available via subscription   (Followers: 12)
International Journal of Information Privacy, Security and Integrity     Hybrid Journal   (Followers: 27)
International Journal of Language & Law     Open Access   (Followers: 3)
International Journal of Law in Context     Hybrid Journal   (Followers: 17)
International Journal of Law, Crime and Justice     Hybrid Journal   (Followers: 64)
International Journal of Law, Policy and the Family     Hybrid Journal   (Followers: 20)
International Journal of Nuclear Law     Hybrid Journal   (Followers: 5)
International Journal of Political Economy     Full-text available via subscription   (Followers: 18)
International Journal of Private Law     Hybrid Journal   (Followers: 10)
International Journal of Public Law and Policy     Hybrid Journal   (Followers: 12)
International Journal of Refugee Law     Hybrid Journal   (Followers: 39)
International Journal of Transitional Justice     Hybrid Journal   (Followers: 14)
International Law: Revista Colombiana de Derecho Internacional     Open Access   (Followers: 3)
International Negotiation     Hybrid Journal   (Followers: 15)
International Organizations Law Review     Hybrid Journal   (Followers: 26)
International Planning Studies     Hybrid Journal   (Followers: 7)
International Review of Law     Open Access   (Followers: 6)
International Review of the Red Cross     Full-text available via subscription   (Followers: 13)
International Security     Hybrid Journal   (Followers: 84)
Israel Law Review     Hybrid Journal   (Followers: 2)
Italian Yearbook of International Law Online     Hybrid Journal   (Followers: 4)
Ius Gentium     Open Access   (Followers: 4)
Jerusalem Review of Legal Studies     Hybrid Journal  
Journal of Biosecurity Biosafety and Biodefense Law     Hybrid Journal   (Followers: 3)
Journal of European Competition Law & Practice     Hybrid Journal   (Followers: 22)
Journal of Genocide Research     Hybrid Journal   (Followers: 15)
Journal of International Dispute Settlement     Hybrid Journal   (Followers: 16)
Journal of International Economic Law     Hybrid Journal   (Followers: 33)
Journal of International Humanitarian Legal Studies     Hybrid Journal   (Followers: 9)
Journal of International Political Theory     Hybrid Journal   (Followers: 19)
Journal of Law, Policy and Globalization     Open Access   (Followers: 18)
Journal of Liberty and International Affairs     Open Access   (Followers: 5)
Journal of Migration and Refugee Issues, The     Full-text available via subscription   (Followers: 34)
Journal of Private International Law     Hybrid Journal   (Followers: 7)
Journal of the History of International Law     Hybrid Journal   (Followers: 16)
Journal on the Use of Force and International Law     Full-text available via subscription   (Followers: 17)
Korean Journal of International and Comparative Law     Hybrid Journal   (Followers: 2)
Law and Practice of International Courts and Tribunals     Hybrid Journal   (Followers: 22)
Legal Issues of Economic Integration     Full-text available via subscription   (Followers: 13)
Leiden Journal of International Law     Hybrid Journal   (Followers: 42)
LEX     Open Access   (Followers: 1)
London Review of International Law     Hybrid Journal   (Followers: 8)
Loyola of Los Angeles International and Comparative Law Review     Open Access   (Followers: 9)
Loyola University Chicago International Law Review     Open Access   (Followers: 4)
Maastricht Journal of European and Comparative Law     Full-text available via subscription   (Followers: 27)
Maryland Journal of International Law     Open Access   (Followers: 3)
Max Planck Yearbook of United Nations Law Online     Hybrid Journal   (Followers: 10)
Melbourne Journal of International Law     Full-text available via subscription   (Followers: 18)
Michigan State International Law Review     Open Access   (Followers: 6)
Netherlands International Law Review     Full-text available via subscription   (Followers: 21)
Netherlands Yearbook of International Law     Full-text available via subscription   (Followers: 16)
New Zealand Journal of Public and International Law     Full-text available via subscription   (Followers: 15)
New Zealand Yearbook of International Law, The     Full-text available via subscription   (Followers: 10)
Nordic Journal of International Law     Hybrid Journal   (Followers: 17)
Northwestern Journal of International Human Rights     Open Access   (Followers: 5)
Northwestern Journal of International Law & Business     Open Access   (Followers: 5)
Notre Dame Journal of International & Comparative Law     Open Access   (Followers: 5)
Oromia Law Journal     Open Access   (Followers: 1)
Pace International Law Review     Open Access   (Followers: 8)
Palestine Yearbook of International Law Online     Hybrid Journal   (Followers: 10)
Penn State Journal of Law & International Affairs     Open Access   (Followers: 4)
Polar Journal     Hybrid Journal   (Followers: 4)
Public and Private International Law Bulletin     Open Access   (Followers: 2)
Recht der Werkelijkheid     Full-text available via subscription   (Followers: 2)
Review of European Community & International Environmental Law     Hybrid Journal   (Followers: 7)
Review of European, Comparative & International Environmental Law     Hybrid Journal   (Followers: 7)
Revista de Derecho de la Unión Europea     Open Access   (Followers: 4)
Revista de Direito Brasileira     Open Access   (Followers: 1)
Revista de la Secretaría del Tribunal Permanente de Revisión     Open Access  
Revista Tribuna Internacional     Open Access   (Followers: 1)
Revista Videre     Open Access   (Followers: 3)
Revue québécoise de droit international / Quebec Journal of International Law / Revista quebequense de derecho internacional     Open Access   (Followers: 2)
Santa Clara Journal of International Law     Open Access   (Followers: 2)
SASI     Open Access   (Followers: 4)
South African Yearbook of International Law     Full-text available via subscription   (Followers: 2)
South Carolina Journal of International Law and Business     Open Access   (Followers: 4)
Stanford Journal of International Law     Full-text available via subscription   (Followers: 12)
Syracuse Journal of International Law and Commerce     Open Access   (Followers: 3)
TDM Transnational Dispute Management Journal     Full-text available via subscription   (Followers: 6)
Texas International Law Journal     Full-text available via subscription   (Followers: 5)
Tilburg Law Review     Open Access   (Followers: 5)
Transnational Environmental Law     Hybrid Journal   (Followers: 5)
Uniform Law Review     Hybrid Journal   (Followers: 4)
University of Miami Inter-American Law Review     Open Access   (Followers: 1)
Utrecht Journal of International and European Law     Open Access   (Followers: 17)
Vanderbilt Journal of Transnational Law     Free   (Followers: 5)
Virginia Journal of International Law     Free   (Followers: 4)
Washington University Global Studies Law Review     Open Access   (Followers: 11)
Wisconsin International Law Journal     Free   (Followers: 4)
World Journal of VAT/GST Law     Full-text available via subscription   (Followers: 1)
World Trade and Arbitration Materials     Full-text available via subscription   (Followers: 7)
Yale Journal of International Law     Free   (Followers: 18)
Yearbook of International Environmental Law     Hybrid Journal   (Followers: 12)
Yearbook of International Humanitarian Law     Full-text available via subscription   (Followers: 9)
Yearbook of Polar Law Online     Hybrid Journal  
Zeitschrift für Außen- und Sicherheitspolitik     Hybrid Journal   (Followers: 12)
Zeitschrift für das Privatrecht der Europäischen Union - European Union Private Law Review / Revue de droit privé de l'Union européenne     Hybrid Journal   (Followers: 1)
Zeitschrift für öffentliches Recht     Hybrid Journal   (Followers: 18)
Zeitschrift für Zivilprozess International     Hybrid Journal  

           

Similar Journals
Journal Cover
Maastricht Journal of European and Comparative Law
Number of Followers: 27  
 
  Full-text available via subscription Subscription journal
ISSN (Print) 1023-263X - ISSN (Online) 2399-5548
Published by Sage Publications Homepage  [1093 journals]
  • Reconciling legal certainty in corporate divisions with respect for civil
           law remedies: Case C-394/18 I.G.I. Srl v. Maria Grazia Cicenia
    • Authors: David Ramos Muñoz, Montserrat Rodríguez Riu
      Pages: 358 - 378
      Abstract: Maastricht Journal of European and Comparative Law, Volume 27, Issue 3, Page 358-378, June 2020.
      On 30 January 2020, the Court of Justice of the European Union (CJEU) delivered its judgment in the Case C 394/18 I.G.I. Srl v. Maria Grazia Cicenia et al. The case offers an interpretation of the Directive on corporate divisions in a case that fell outside its scope, and a delicate balancing act between the need to protect legal certainty in corporate divisions, and the need to respect Private Law remedies enshrined in domestic civil codes. The CJEU ruled that the rules of the Sixth Council Directive 82/891/EEC did not preclude the creditors of a company being divided from bringing an actio pauliana against the corporate division, in order to obtain a declaration that the division does not have effects against them, nor did it preclude them from bringing enforcement proceedings against the assets transferred to the newly formed company.
      Citation: Maastricht Journal of European and Comparative Law
      PubDate: 2020-10-01T07:14:03Z
      DOI: 10.1177/1023263X20942995
      Issue No: Vol. 27, No. 3 (2020)
       
  • Post-Brexit: Untangling the fishing mesh
    • Authors: Thomas van Rijn, Jill Wakefield
      Abstract: Maastricht Journal of European and Comparative Law, Ahead of Print.
      Fisheries is one of the key issues in the negotiations for an agreement between the UK and the EU on their future relationship. At the end of the transition period, the UK will have full sovereignty over its waters but the EU is demanding the continuation of the existing pattern of fishing as far as possible. This article untangles the different elements of the issue. It demonstrates the international legal requirements for the regulation of fishing that will have to be met by the UK. To meet its obligations with regard to access to and use of fish resources under international law, a close cooperation with the EU and other neighbouring countries will be necessary. As the EU negotiation position links a free trade agreement with an agreement on fisheries while the UK is seeking discrete trade and fisheries agreements, the position at the end of 2020 is very uncertain. The problems regarding the trade in fish and fishery products, customs duties and sanitary product standards will be examined. EU provisions on environmental standards and marine protected areas will in principle no longer be applicable in the UK, but marine environmental protection is an obligation of international law so the protection of the marine environment and ecosystems in UK waters post-Brexit will be considered. We conclude by considering whether Brexit will deliver anticipated benefits.
      Citation: Maastricht Journal of European and Comparative Law
      PubDate: 2020-09-24T06:24:03Z
      DOI: 10.1177/1023263X20951127
       
  • Class action certification and constitutional claims: The South African
           case
    • Authors: Theo Broodryk
      Abstract: Maastricht Journal of European and Comparative Law, Ahead of Print.
      This article considers whether, in the case of South African, there is a valid basis for requiring certification of certain types of class actions only. Specifically, the article will consider whether a preliminary certification requirement should apply to constitutional claims against the government in the same way it applies to other class actions. To determine this issue, the purpose of certification is considered with a view to establishing whether said purpose is only given effect to in certain circumstances. If certification would serve no purpose in the context of Bill of Rights claims or claims which display a public character, it may be prudent not to require class action certification in such cases. Conversely, if certification would still serve a purpose in those types of cases, it should remain part of class proceedings. To assist in making this determination, the position in several European jurisdictions, Ontario and the United States is considered.
      Citation: Maastricht Journal of European and Comparative Law
      PubDate: 2020-09-22T06:10:14Z
      DOI: 10.1177/1023263X20949685
       
  • Highly mobile workers challenging Regulation 883/2004: Pushing borders or
           opening Pandora’s box'
    • Authors: Eva van Ooij
      Abstract: Maastricht Journal of European and Comparative Law, Ahead of Print.
      This research paper aims to highlight hurdles that EU citizens may encounter when exercising their social security rights while working across borders. With the focus on the worker who is highly mobile in the sense of performing various work activities in two or more Member States, the paper analyses how the current system of coordination copes with the increasing mobility in the European labour market. On the basis of an illustrative case, it demonstrates where and explains why high mobility leads to legal and practical ambiguities due to the different interpretations of the rules determining the applicable law, particularly Article 13 of Regulation 883/2004.
      Citation: Maastricht Journal of European and Comparative Law
      PubDate: 2020-09-22T06:07:54Z
      DOI: 10.1177/1023263X20940137
       
  • Liability and artificial intelligence in the EU: Assessing the adequacy of
           the current Product Liability Directive
    • Authors: Tiago Sérgio Cabral
      Abstract: Maastricht Journal of European and Comparative Law, Ahead of Print.
      The European Union selected achieving a leadership position in the AI sector as one of the priorities for the future of the bloc as a whole. Economic reasons are behind this decision, but they are not the exclusive motive behind this objective. Undeniably, AI will have an enormous impact on world’s economy and if the EU falls behind, the standards of living that citizens of the Union currently enjoy may be at risk. Furthermore, there is also the question of keeping European values, principles and ethical standards alive in this technological transition. To achieve the leadership position it desires, it is essential for the EU to possess an updated, producer-friendly legal framework, that manages, at the same time, to ensure consumer protection and safe development of AI. One of the legal instruments that may need to be amended is the Product Liability Directive. In this paper we will study the Product Liability Directive and its shortcomings on AI regulation, along with the possible solutions to adapt the EU product liability legislation to this new technological challenge. We will assess what solutions are best suited to apply in the EU and fulfil the objective of achieving leadership in the sector.
      Citation: Maastricht Journal of European and Comparative Law
      PubDate: 2020-09-18T07:28:54Z
      DOI: 10.1177/1023263X20948689
       
  • Homophobic speech and EU anti-discrimination law: The NH case
    • Authors: Alina Tryfonidou
      Abstract: Maastricht Journal of European and Comparative Law, Ahead of Print.
      In the NH case – which can be characterised as a sequel to the Asociaţia Accept ruling delivered in 2013 – the Court of Justice of the European Union was confronted, once more, with an incident of homophobic speech. In this case, like in Asociaţia Accept, the Court was asked to interpret Directive 2000/78 and to examine the terms in which it can prohibit homophobic speech in the area of employment. Although the ruling in NH is not particularly ground-breaking given that it mostly affirms the principles established in Asociaţia Accept, it nonetheless offers useful clarifications. This note will, therefore, present the facts of the case and the Court’s ruling and will then explore its importance, while considering whether the Court has missed an opportunity to do more to protect lesbian, gay, and bisexual persons from homophobic speech in the area of employment.
      Citation: Maastricht Journal of European and Comparative Law
      PubDate: 2020-09-16T09:04:33Z
      DOI: 10.1177/1023263X20946535
       
  • The precautionary principle and its role in judicial review: glyphosate
           and the regulatory framework for pesticides
    • Authors: Sabrina Röttger-Wirtz
      Abstract: Maastricht Journal of European and Comparative Law, Ahead of Print.
      The approval renewal of glyphosate as an active substance for pesticides in the EU has also kept the Court of Justice occupied. Within this line of case law, the Blaise case is the most recent one. In this preliminary reference procedure the Court was asked to review the validity of the Plant Protection Products Regulation 1107/2009, examined against the precautionary principle as benchmark. The case is relevant not only for the questions raised about the Regulation, but also as it sheds a light on the – albeit limited – use of the precautionary principle in the judicial review of EU legislative measure.
      Citation: Maastricht Journal of European and Comparative Law
      PubDate: 2020-09-10T08:50:11Z
      DOI: 10.1177/1023263X20949424
       
  • Duty to renegotiate in international commercial law and uncontemplated
           behavioural effects
    • Authors: Mitja Kovac
      Abstract: Maastricht Journal of European and Comparative Law, Ahead of Print.
      This paper explores possible uncontemplated effects and behavioural implications created by duty-to-negotiate provisions in international instruments. More precisely, the paper considers how five different international instruments approach the subject, namely the Convention on Contracts for the International Sale of Goods (CISG), UNIDROIT Principles of International Commercial Contracts (PICC), Principles of European Contract Law (PECL), Draft Common Frame of Reference (DCFR) and Common European Sales Law (CESL). The extent to which these international and European legal instruments correspond to recent economic and behavioural findings is examined. Moreover, an economically inspired analysis is conducted of the uncontemplated consequences of the duty to renegotiate that well-intended international lawmakers never anticipated. Further, it is suggested that game theoretical and behavioural reasons might exist for adopting a cautious approach to the duty to renegotiate in instances of unforeseen contingencies as found in the CISG as well as the English, German, US and Scottish law of contracts.JEL classification:C23, C26, C51, K42, O43
      Citation: Maastricht Journal of European and Comparative Law
      PubDate: 2020-08-28T05:31:21Z
      DOI: 10.1177/1023263X20937212
       
  • Conceptualizing Lex Mercatoria: Malynes, Schmitthoff and Goldman compared
    • Authors: D. de Ruysscher
      Abstract: Maastricht Journal of European and Comparative Law, Ahead of Print.
      This article compares the doctrines on transnational commercial customs in Malynes’ Lex Mercatoria (1622) and in the writings of Clive M. Schmitthoff and Berthold Goldman. It is argued that core problems in conceptualizations of lex mercatoria are present in all these texts. Malynes unsuccessfully attempted to reconcile a new approach of considering law merchant as ius gentium on the one hand, with a tradition of particular customs of trade on the other. All three authors mentioned struggled when explaining how custom emerges from contracts or practice. Malynes, Schmitthoff and Goldman tried to apply existing notions (usage, custom) in order to do so, often referring to historical arguments, but they could not bridge the fundamental differences existing between customs of trade and ius gentium. As a result, all three authors failed in putting forward a workable theory of lex mercatoria. Non-matching legal views on international business practices were cut and pasted together, as it were, and new theories on lex mercatoria would do well not to replicate this approach.
      Citation: Maastricht Journal of European and Comparative Law
      PubDate: 2020-08-04T02:25:16Z
      DOI: 10.1177/1023263X20938247
       
  • Equal treatment of workers or of children' Note on Case C-802/18
           Caisse pour l’avenir des enfants, 2 April 2020 and pending cases against
           Austria
    • Authors: Prof Grega Strban
      Abstract: Maastricht Journal of European and Comparative Law, Ahead of Print.
      Providing family benefits in cross-border situations is one of the most complex chapters of the EU social security coordination law. Not only is there a great variety of family benefits, but also family structures are very distinct. The CJEU does not have an easy task in protecting the EU values. As a rule, it tries to construe the EU law as a whole, making it more internally coherent, rather than giving priority to one or another secondary legislative act. In the present case, it had to test national legislation against the EU law on social security coordination and freedom of movement. However, the question is whether the direct EU definition of a family should have priority over the EU definition referring to national law, hence depriving Member States of their own family policy concepts. The Court has not only emphasized the importance of equal treatment of (frontier) cross-border workers, but also respect of family and private life. Decision in the present case might play an important role also in others to follow (e.g. against adjusted export of Austrian family benefits).
      Citation: Maastricht Journal of European and Comparative Law
      PubDate: 2020-07-23T11:31:03Z
      DOI: 10.1177/1023263X20940950
       
  • Anchoring the energy transition with legal certainty in EU law
    • Authors: Kaisa Huhta
      Abstract: Maastricht Journal of European and Comparative Law, Ahead of Print.
      This article examines the principle of legal certainty in the context of low-carbon investment in the electricity sector. It analyses the interpretation and functions of legal certainty as a constitutional principle of EU law and explores how they operate in the low-carbon transition. The analysis is conducted in the context of conflicting roles of law in the energy transition. On the one hand, the low-carbon transition requires new investment, which demands stable and predictable legal frameworks. On the other hand, the energy transition calls for the continuous development of legal frameworks to respond to the evolving energy sector. This continuous change is detrimental to the investment needed to finance the transition. This article argues that the principle of legal certainty can function as a means of anchoring these evolving and sometimes turbulent legal developments and reconcile the conflicting roles of law required by the energy transition, on the one hand, and investment certainty, on the other.
      Citation: Maastricht Journal of European and Comparative Law
      PubDate: 2020-07-01T07:49:50Z
      DOI: 10.1177/1023263X20932056
       
  • The Agreement on the Withdrawal of the UK from the EU and Euratom and its
           impact on the future application of state aid rules in the UK
    • Authors: Phedon Nicolaides
      Abstract: Maastricht Journal of European and Comparative Law, Ahead of Print.
      The Agreement on the Withdrawal of the UK from the EU provides that EU state aid rules will apply to the UK until the end of the transition period and to the trade of Northern Ireland at least until 31 December 2024 and from that date for as long as the agreed arrangements receive ‘democratic consent’. This article considers whether the Agreement may incentivize the UK to apply EU state aid rules in the rest of the UK. It concludes that the UK is likely to align itself to the EU’s regime.
      Citation: Maastricht Journal of European and Comparative Law
      PubDate: 2020-06-29T07:22:20Z
      DOI: 10.1177/1023263X20932047
       
  • Collective rights of platform workers: the role of EU law
    • Authors: Tamás Gyulavári
      Abstract: Maastricht Journal of European and Comparative Law, Ahead of Print.
      Platform work is a new umbrella concept which covers a heterogeneous group of economic activities performed through digital platforms. Effective collective rights and bargaining would be essential for platform workers due to their vulnerable employment status. Yet collective organization of platform workers is troublesome, so trade unions face difficulties. The protection of the labour law directives is limited by their personal scope, which may be gradually expanded by the broad ECJ interpretation of the ‘worker’ concept. The effective right to collective bargaining would be particularly important, but it is restricted by EU antitrust rules with an exemption only for employees. In the last decade, the European Court has moved towards a wider personal scope of collective bargaining by interpreting the concept of ‘worker’. The recent FNV Kunsten decision used the notion of ‘false self-employed’ to go beyond the national concept of ‘employee’, but the wide interpretation of ‘worker’ shall be based on the need and necessity of employment protection deriving from economic dependency. As an alternative, the Gebhard formula may be invoked to grant the right to collective bargaining for platform workers.
      Citation: Maastricht Journal of European and Comparative Law
      PubDate: 2020-06-28T06:50:25Z
      DOI: 10.1177/1023263X20932070
       
  • EU external relations law: Time for a reality check'
    • Authors: Allan Rosas
      First page: 277
      Abstract: Maastricht Journal of European and Comparative Law, Ahead of Print.

      Citation: Maastricht Journal of European and Comparative Law
      PubDate: 2020-05-14T02:06:08Z
      DOI: 10.1177/1023263X20922387
       
  • The European Committee of the Regions as a watchdog of the principle of
           subsidiarity
    • Authors: Salvatore Fabio Nicolosi, Lisette Mustert
      First page: 284
      Abstract: Maastricht Journal of European and Comparative Law, Ahead of Print.
      In a resolution adopted on 1 February 2018, the European Committee of the Regions noted that a legislative proposal of the European Commission concerning a Regulation that changes the rules governing the EU regional funds for 2014-2020 did not comply with the principle of subsidiarity. Accordingly, the Committee considered challenging the legislative proposal before the Court of Justice if the proposal was formally agreed upon. Although at a later stage the European Commission decided to take into account the Committee’s argument and amended the proposal accordingly, such a context offers the chance to investigate more in detail the role of the Committee of the Regions in the legislative process of the EU and, more in particular, its role as a watchdog of the principle of subsidiarity. This paper aims to shed light on a rather neglected aspect of the EU constitutional practice, such as the potential of the Committee of the Regions to contribute to the legislative process, and answer the question of whether this Committee is the right body to guarantee compliance with the principle of subsidiarity.
      Citation: Maastricht Journal of European and Comparative Law
      PubDate: 2020-05-11T05:49:44Z
      DOI: 10.1177/1023263X20906737
       
  • Union citizens’ rights against their own member state after Brexit
    • Authors: Nicolas Bernard
      First page: 302
      Abstract: Maastricht Journal of European and Comparative Law, Ahead of Print.
      The treatment by the United Kingdom of Union citizens remaining on its territory after Brexit and conversely that of UK nationals by EU27 Member States on theirs has given rise to much discussion and analysis. By contrast, there has been comparatively little systematic and detailed exploration of the question of the impact of Brexit on the exercise of Union citizens’ rights against their own Member State. It is an issue which is for the most part ignored in the current Withdrawal Agreement. The purpose of this article is to show that this blind spot opens up a potential gap in legal protection of the rights of Union citizens, which is likely to remain regardless of the outcome of the Brexit negotiations and whether a withdrawal agreement is concluded or not. The paper discusses the extent to which the adversarial nature of the withdrawal process has contributed to this failure to address this issue and the ways in which courts could step in to provide the legal protection that political processes were unable to deliver.
      Citation: Maastricht Journal of European and Comparative Law
      PubDate: 2020-04-21T11:33:20Z
      DOI: 10.1177/1023263X20908761
       
  • The regulation of crypto-assets in the EU – investment and payment
           tokens under the radar
    • Authors: Valeria Ferrari
      First page: 325
      Abstract: Maastricht Journal of European and Comparative Law, Ahead of Print.
      Based on the guidelines issued by the European Securities and Market Authority and by the European Banking Authority, the article deals with the legal qualification of blockchain-based crypto-assets under EU law. Focusing on crypto-assets that function as a) investment instruments (that is, investment tokens) and as b) electronic money (that is, payment tokens), the work outlines shortages and drawbacks in the applicability and enforcement of existing EU legal frameworks regulating investment activities and payment services. With such analysis, the article seeks to inform the ongoing debate within European institutions on the need of regulatory intervention in this area, and it points out pressing questions to be tackled by further research.
      Citation: Maastricht Journal of European and Comparative Law
      PubDate: 2020-05-05T02:23:37Z
      DOI: 10.1177/1023263X20911538
       
  • A developed understanding of the beneficiary’s interest in commercial
           trusts through a comparative study of Chinese law
    • Authors: Ruiqiao Zhang
      First page: 343
      Abstract: Maastricht Journal of European and Comparative Law, Ahead of Print.
      Trusts have existed for centuries, while societies and economies have developed in the intervening years. This requires renovations, or new judicial interpretations, of what a trust is in order to adapt it to modern circumstances. Based on a discussion about the theoretical basis for the research – the new role of trusts in a commercial context and the essence of the trust – the author provides a developed understanding of the beneficiary’s interest to adjust the traditional trust notions to meet the demands of commercial practices. She argues that, based on a case study of Chinese law, a beneficiary’s right can be explained as a special personal claim consisting of three parts: the main claim (personal claims), appurtenant rights (rights of supervision) and security rights (rights of revocation). The theory of beneficiary’s special personal claim provides a more unified and comprehensive understanding of the nature of the beneficiary’s interest, particularly in newly developed commercial trusts.
      Citation: Maastricht Journal of European and Comparative Law
      PubDate: 2020-05-19T09:36:29Z
      DOI: 10.1177/1023263X20924508
       
  • The average consumer is not a lawyer! Case note on Kreissparkasse
           Saarlouis Case C-66/19 JC v Kreissparkasse Saarlouis
    • Authors: Peter Rott
      First page: 379
      Abstract: Maastricht Journal of European and Comparative Law, Ahead of Print.
      The Court of Justice had to decide on the transparency of information on the right of withdrawal in consumer credit law. Under German law, the creditor could describe the start of the withdrawal period by mere reference to a legal provision which then referred to other legal provisions which the consumer then had to interpret, which the Court of Justice considered to be lacking in transparency. In the background, there was a conflict between the referring court and the German Federal Supreme Court on the legal competence of the average consumer that the Court of Justice decided in favour of the referring court.
      Citation: Maastricht Journal of European and Comparative Law
      PubDate: 2020-08-05T03:54:34Z
      DOI: 10.1177/1023263X20938989
       
  • Judicial impartiality, decorative comparative law and the human rights
           
    • Authors: Jaakko Husa
      First page: 387
      Abstract: Maastricht Journal of European and Comparative Law, Ahead of Print.
      This case-note analyses the case of Alexandru Marian Iancu v. Romania, decided by the European Court of Human Rights in February 2020. The comment addresses two essential issues involved. The first issue concerns potential partiality of a judge who has been involved in overlapping proceedings. The second issue concerns the judicial method the Court uses in its reasoning. The note explains the background to the judgment, summarizing the facts leading to the judgment and the human rights issues before the Court. Then the proceedings before the Court and the Court’s decision are reviewed, before commenting on the judgment’s key points of significance for human rights law and use of comparative law as a part of human rights reasoning. The critical focus is on the comparative approach deployed by the Court.
      Citation: Maastricht Journal of European and Comparative Law
      PubDate: 2020-07-27T04:43:47Z
      DOI: 10.1177/1023263X20943125
       
 
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