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Results ( 15 ) : 2014 - 4.

GUEST EDITORIAL On the Politics of Legal Methodology

Authors: H-.W-. Micklitz

Oral Hearings Before the European Court of Justice

Authors: A. Rosas

Abstract: This article focuses on the organization of oral hearings at the European Court of Justice. It deals with both the decision to hold or not to hold an oral hearing, as a complement to the written part of the procedure, and the actual conduct of such...

Law as a Complex Adaptive System: The Importance of Convergence in a Multi-Layered Legal Order

Authors: S. Lierman

Abstract: The notion of legal pluralism indicates that the national and sub national levels coexist with legal systems being developed at the European and the international level. This phenomenon of increased complexity gives rise to adapted learning methods...

Advisory Opinions, Preliminary Rulings and the New Protocol No. 16 to the European Convention of Human Rights: A Comparative and Critical Appraisal

Authors: J. Gerards

Abstract: Through the introduction of an advisory opinions procedure, Protocol No. 16 to the European Convention of Human Rights (the Convention) aims to strengthen the interaction between national courts and the European Court of Human Rights (hereafter the...

Raising Points of Law on the Courts’ Own Motion? Two Models of European Legal Thinking

Authors: B. Fekete

Abstract: This article examines how judges can raise points of law ex officio in a comparative context. Based on Schlesinger’s case oriented factual method, it compares the relevant provisions of Italian, Hungarian, Swiss, French, Belgian, German and Austria...

Inward- and Outward-Looking Rationales Behind Kadi II

Authors: M. Wimmer

Abstract: The Kadi-‘saga’ has been a prime opportunity for the Court of Justice of the European Union (CJEU) to reaffirm both the constitutional foundations of the European Union and the relationship towards the United Nations legal order in the area of EU r...