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Outputs (611)

The Power of Comparative Law: What Types of Units Can Comparative Law Compare? (2019)
Journal Article
Siems, M. (2019). The Power of Comparative Law: What Types of Units Can Comparative Law Compare?. The American Journal of Comparative Law, 67(4), 861-888. https://doi.org/10.1093/ajcl/avz030

What can comparative law compare? It is relatively uncontroversial that certain topics are included in its scope. For example, there is little doubt that any comparison between legal rules of different countries belongs to the field of comparative la... Read More about The Power of Comparative Law: What Types of Units Can Comparative Law Compare?.

‘Finding ‘East’/’West’ divisions in Council of Europe states on treatment of sexual minorities: the response of the Strasbourg Court and the role of consensus analysis’ (2019)
Journal Article
Fenwick, H., & Fenwick, D. (2019). ‘Finding ‘East’/’West’ divisions in Council of Europe states on treatment of sexual minorities: the response of the Strasbourg Court and the role of consensus analysis’. European Human Rights Law Review, 3, 247-273

Manifestations of prejudice against sexual minorities are currently especially resurgent in certain “Eastern” Council of Europe Member States. This article argues that the current approach at the Strasbourg Court in this context shows tensions betwee... Read More about ‘Finding ‘East’/’West’ divisions in Council of Europe states on treatment of sexual minorities: the response of the Strasbourg Court and the role of consensus analysis’.

Protecting free speech and academic freedom in universities (2018)
Journal Article
Cram, I., & Fenwick, H. (2018). Protecting free speech and academic freedom in universities. Modern Law Review, 81(5), 825-873. https://doi.org/10.1111/1468-2230.12366

Restrictions on speaking events in universities have been created both by recent student‐led efforts at ‘no‐platforming’ and by Part 5 of the Counter‐terrorism and Security Act 2015 which placed aspects of the government's Prevent strategy on a statu... Read More about Protecting free speech and academic freedom in universities.

Is There a Relationship Between Shareholder Protection and Stock Market Development? (2018)
Journal Article
Deakin, S., Sarkar, P., & Siems, M. (2018). Is There a Relationship Between Shareholder Protection and Stock Market Development?. Journal of law, finance and accounting, 3(1), 115-146. https://doi.org/10.1561/108.00000025

The paper uses recently created datasets measuring legal change over time in a sample of 28 developed and emerging economies to test whether the strengthening of shareholder rights in the course of the mid-1990s and 2000s promoted stock market develo... Read More about Is There a Relationship Between Shareholder Protection and Stock Market Development?.

Euthanasia and the Ethics of Free Movement Law: The Principle of Recognition in the Internal Market (2018)
Journal Article
Van Leeuwen, B. (2018). Euthanasia and the Ethics of Free Movement Law: The Principle of Recognition in the Internal Market. German law journal, 19(6), 1417-1436

The free movement provisions enable EU citizens to follow their own ethical preferences by going to a Member State that has made a different ethical choice from their home Member State. However, UK citizens who have assisted suicide or euthanasia abr... Read More about Euthanasia and the Ethics of Free Movement Law: The Principle of Recognition in the Internal Market.

Standardisation in the Internal Market for Services: An Effective Alternative to Harmonisation? (2018)
Journal Article
Van Leeuwen, B. (2018). Standardisation in the Internal Market for Services: An Effective Alternative to Harmonisation?. Revue internationale de droit économique, 32(3), 319-332

The New Approach gives an important role to European standardisation in the improvement of the internal market for goods. Such a New Approach does not exist for services. For services, it is more difficult to maintain the distinction between law and... Read More about Standardisation in the Internal Market for Services: An Effective Alternative to Harmonisation?.

Global social indicators and the concept of legitimacy (2017)
Journal Article
Siems, M., & Nelken, D. (2017). Global social indicators and the concept of legitimacy. International Journal of Law in Context, 13(04), 436-449. https://doi.org/10.1017/s1744552317000374

Global social indicators have become a core point of interest of scholarship in law and other social sciences. The term ‘legitimacy’ is occasionally mentioned in this literature but without in-depth discussion. This paper aims to fill this gap by way... Read More about Global social indicators and the concept of legitimacy.

Parliamentary Democracy and International Treaties (2017)
Journal Article
Schütze, R. (2017). Parliamentary Democracy and International Treaties. Global Policy, 8(56), 7-13. https://doi.org/10.1111/1758-5899.12485

Classic constitutional thought considered the power to conclude international treaties to fall within the executive's exclusive domain. But this nineteenth-century logic hardly convinces in the twenty-first century. For the function of international... Read More about Parliamentary Democracy and International Treaties.

Rejecting Asymmetry of Access to Formal Relationship Statuses for Same and Different-Sex Couples at Strasbourg and Domestically (2017)
Journal Article
Fenwick, H., & Hayward, A. (2017). Rejecting Asymmetry of Access to Formal Relationship Statuses for Same and Different-Sex Couples at Strasbourg and Domestically. European Human Rights Law Review, 2017(6), 544-563

This article interrogates the extent to which the formal recognition and protection of same and different-sex relationships at Strasbourg and in domestic courts has been accepted as attracting human rights protection. In order to do so it considers h... Read More about Rejecting Asymmetry of Access to Formal Relationship Statuses for Same and Different-Sex Couples at Strasbourg and Domestically.

The Doctor, the Patient, and EU Law: The Impact of Free Movement Law on Quality Standards in the Healthcare Sector (2016)
Journal Article
Van Leeuwen, B. (2016). The Doctor, the Patient, and EU Law: The Impact of Free Movement Law on Quality Standards in the Healthcare Sector. European law review, 41(5), 638-654

This article analyses the impact of the free movement provisions on quality of healthcare in the EU. The application of the free movement provisions in the healthcare sector has restricted the freedom of Member States to set their own medical standar... Read More about The Doctor, the Patient, and EU Law: The Impact of Free Movement Law on Quality Standards in the Healthcare Sector.

PIP Breast Implants, the EU's New Approach for Goods and Market Surveillance by Notified Bodies (2014)
Journal Article
Van Leeuwen, B. (2014). PIP Breast Implants, the EU's New Approach for Goods and Market Surveillance by Notified Bodies. European Journal of Risk Regulation, 5(03), 338-350. https://doi.org/10.1017/s1867299x0000386x

With the New Approach for goods, the EU has created a regulatory framework for placing products on the market in which both public and private parties have an important role to play. The various cases which have been brought after the PIP breast impl... Read More about PIP Breast Implants, the EU's New Approach for Goods and Market Surveillance by Notified Bodies.

Morality in Intellectual Property Law: A Concept-Theoretic Framework (2016)
Journal Article
Adcock, M., & Beyleveld, D. (2016). Morality in Intellectual Property Law: A Concept-Theoretic Framework. Intellectual property rights. Open access, 4(1), Article 154. https://doi.org/10.4172/2375-4516.1000154

This paper presents a ‘concept-theoretic’ position on the relationship between law and morality in any legal system that includes respect for human rights as a fundamental principle of the legal validity of its rules. With European Union law (EU law)... Read More about Morality in Intellectual Property Law: A Concept-Theoretic Framework.

‘Undisruption’ in the SME funding market: information sharing, finance platforms and the UK bank referral scheme (2019)
Journal Article
Schammo, P. (2019). ‘Undisruption’ in the SME funding market: information sharing, finance platforms and the UK bank referral scheme. European Business Organization Law Review, 20(1), 29-53. https://doi.org/10.1007/s40804-019-00139-x

Since the financial crisis, various policy initiatives have been adopted in the UK with a view to improve access to finance for SME businesses. One of these initiatives is the bank referral scheme. Under this scheme, incumbent banks must pass on info... Read More about ‘Undisruption’ in the SME funding market: information sharing, finance platforms and the UK bank referral scheme.

Rethinking the Structure of Free Movement Law: The Centralisation of Proportionality in the Internal Market (2017)
Journal Article
Van Leeuwen, B. (2017). Rethinking the Structure of Free Movement Law: The Centralisation of Proportionality in the Internal Market. European Journal of Legal Studies, 10(1), 235-265

This article analyses three important developments in EU free movement law from the perspective of the structure of free movement law. Each of these developments – market access, horizontal direct effect and the assimilation of justifications – is ca... Read More about Rethinking the Structure of Free Movement Law: The Centralisation of Proportionality in the Internal Market.

Cross-border reincorporations in the European Union: the case for comprehensive harmonisation (2017)
Journal Article
Gerner-Beuerle, C., Mucciarelli, F. M., Schuster, E., & Siems, M. (2018). Cross-border reincorporations in the European Union: the case for comprehensive harmonisation. Journal of Corporate Law Studies, 18(1), 1-42. https://doi.org/10.1080/14735970.2017.1349428

Despite recent decisions of the Court of Justice that liberalise inbound and outbound reincorporations, several Member States still prohibit these transactions or make them impossible or impractical. Even where reincorporations are available in princ... Read More about Cross-border reincorporations in the European Union: the case for comprehensive harmonisation.

La responsabilité des organismes notifiés du fait d’implants mammaires défectueux: TÜV Rheinland devant les tribunaux français et allemands (2015)
Journal Article
Van Leeuwen, B. (2015). La responsabilité des organismes notifiés du fait d’implants mammaires défectueux: TÜV Rheinland devant les tribunaux français et allemands. Revue internationale de droit économique, 29(1), 69-85. https://doi.org/10.3917/ride.291.0069

Les répercussions du scandale relatif aux implants mammaires PIP en France touchent au cœur des fondements de la nouvelle approche relative aux marchandises mise en place par l’Union européenne. Deux histoires se rencontrent – d’une part, l’histoire... Read More about La responsabilité des organismes notifiés du fait d’implants mammaires défectueux: TÜV Rheinland devant les tribunaux français et allemands.