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Outputs (611)

The Patient in Free Movement Law: Medical History, Diagnosis and Prognosis (2019)
Journal Article
Van Leeuwen, B. (2019). The Patient in Free Movement Law: Medical History, Diagnosis and Prognosis. The Cambridge yearbook of European legal studies, 21, 162-186. https://doi.org/10.1017/cel.2019.5

Free movement of patients has been criticised from the moment that the first patient cases reached the CJEU. The moving patient supposedly increases consumerism, reduces national solidarity and has a negative impact on the quality of healthcare provi... Read More about The Patient in Free Movement Law: Medical History, Diagnosis and Prognosis.

Punitive and Preventive Justice in an Era of Profiling, Smart Prediction and Practical Preclusion: Three Key Questions (2019)
Journal Article
Beyleveld, D., & Brownsword, R. (2019). Punitive and Preventive Justice in an Era of Profiling, Smart Prediction and Practical Preclusion: Three Key Questions. International Journal of Law in Context, 15(2), 198-218. https://doi.org/10.1017/s1744552319000120

In the context of a technology-driven algorithmic approach to criminal justice, this paper responds to the following three questions: (1) what reasons are there for treating liberal values and human rights as guiding for punitive justice; (2) is prev... Read More about Punitive and Preventive Justice in an Era of Profiling, Smart Prediction and Practical Preclusion: Three Key Questions.

Prevent, free speech, ‘extremism’ and counter-terror interventions: exploring narratives about chilling expression in schools (2020)
Journal Article
Fenwick, H., & Fenwick, D. (2020). Prevent, free speech, ‘extremism’ and counter-terror interventions: exploring narratives about chilling expression in schools. Public Law, 2020, 661-679

Reflects on whether the Prevent strategy, intended to avoid persons being drawn into terrorism, is chilling expression in schools. Examines Prevent's operation, whether the term "extremism" is over-broad, whether referrals of pupils hinders free spee... Read More about Prevent, free speech, ‘extremism’ and counter-terror interventions: exploring narratives about chilling expression in schools.

Market Access, The New Approach And Private Law (2019)
Journal Article
Van Leeuwen, B. (2019). Market Access, The New Approach And Private Law. European Review of Private Law, 27(2), 269-292

In James Elliott and Schmitt, the ECJ refused to extend the scope of application of European standards adopted under the New Approach to private law disputes. This article argues that the ECJ’s judgments were based on a static interpretation of the c... Read More about Market Access, The New Approach And Private Law.

Brexit and implications for the free movement of capital (2019)
Journal Article
Mukwiri, J. (2019). Brexit and implications for the free movement of capital. Legal issues of European integration, 46(1), 7-28

One misleading mantra in the Brexit debate is that the EU’s single market freedoms were inseparable. This article takes a micro-legal research approach in examining the question: to what extent would free movement of capital be available to the UK wh... Read More about Brexit and implications for the free movement of capital.

Inaction in macro-prudential supervision: assessing the EU's response (2019)
Journal Article
Schammo, P. (2019). Inaction in macro-prudential supervision: assessing the EU's response. Journal of Financial Regulation, 5(1), 1-28. https://doi.org/10.1093/jfr/fjz001

In the macro-prudential literature, ‘inaction bias’ describes the supposed tendency of macro-prudential actors to favour inaction over action when considering the use of macro-prudential tools. While inaction bias is a topic of much interest in macro... Read More about Inaction in macro-prudential supervision: assessing the EU's response.

The ‘Range of Reasonable Responses’ test: A Poor ‘Substitution’ for the Statutory Language (2020)
Journal Article
Baker, A. (2021). The ‘Range of Reasonable Responses’ test: A Poor ‘Substitution’ for the Statutory Language. Industrial Law Journal, 50(2), 226-263. https://doi.org/10.1093/indlaw/dwaa006

The ‘range of reasonable responses’ (RORR) test for assessing the fairness of a dismissal under section 98(4) ERA 1996 started life as a mistake and never recovered. Where the statute tells judges a dismissal is unfair if an employer acted ‘unreasona... Read More about The ‘Range of Reasonable Responses’ test: A Poor ‘Substitution’ for the Statutory Language.

The end of history for the board neutrality rule in the EU (2019)
Journal Article
Mukwiri, J. (2020). The end of history for the board neutrality rule in the EU. European Business Organization Law Review, 21(2), 253-277. https://doi.org/10.1007/s40804-019-00164-w

This paper argues that the failed attempt to introduce a mandatory board neutrality rule into EU takeover law was an object lesson that it is difficult to enact rules that are contrary to the corporate law cultures of the majority of the Member State... Read More about The end of history for the board neutrality rule in the EU.

Position Paper on the Fitness Check of EU Consumer Law (2018)
Journal Article
Colombi Ciacchi, A., Hodges, C., Van Leeuwen, B., Mak, V., Micklitz, H., Rueda, I., …Weatherill, S. (2018). Position Paper on the Fitness Check of EU Consumer Law. European Review of Private Law, 26(5), 703-706

The Illusion of Motion: Corporate (Im)Mobility and the Failed Promise of Centros (2019)
Journal Article
Gerner-Beuerle, C., Mucciarelli, F., Schuster, E., & Siems, M. (2019). The Illusion of Motion: Corporate (Im)Mobility and the Failed Promise of Centros. European Business Organization Law Review, 20(3), 425-465. https://doi.org/10.1007/s40804-019-00157-9

The European Court of Justice’s landmark decision in Centros was heralded as creating the preconditions for a vibrant market for incorporations in the EU. In practice, however, today’s corporate landscape in Europe differs little from that of the lat... Read More about The Illusion of Motion: Corporate (Im)Mobility and the Failed Promise of Centros.

Twenty years of ‘Law and Finance’: time to take law seriously (2018)
Journal Article
Schnyder, G., Siems, M., & Aguilera, R. (2021). Twenty years of ‘Law and Finance’: time to take law seriously. Socio-Economic Review, 19(1), 377-406. https://doi.org/10.1093/ser/mwy041

This ‘state of the art’ essay provides a comprehensive discussion of the Law and Finance School (LFS) literature. We show that the first two decades of the LFS have focused on empirically investigating the question ‘does law matter?’ Yet, despite the... Read More about Twenty years of ‘Law and Finance’: time to take law seriously.

Actions and inactions in the investigation of breaches of Union law by the European Supervisory Authorities (2018)
Journal Article
Schammo, P. (2018). Actions and inactions in the investigation of breaches of Union law by the European Supervisory Authorities. Common Market Law Review, 55(5), 1423-1456

This article takes stock of one of the major innovations under the European System of Financial Supervision (ESFS): the breach of Union law procedure. Under this procedure, the European Supervisory Authorities (ESAs) have a key role to play in polici... Read More about Actions and inactions in the investigation of breaches of Union law by the European Supervisory Authorities.

Philosophical issues and the "New Criminology" (1973)
Journal Article
Beyleveld, D. (in press). Philosophical issues and the "New Criminology". The British Journal of Criminology: An International Review of Crime and Society, 13(4), 394-395

Practice made perfect? (1987)
Journal Article
Beyleveld, D., & Brownsword, R. (in press). Practice made perfect?. Modern Law Review, 50(5), 662-672

Why do businesses incorporate in other EU Member States? An empirical analysis of the role of conflict of laws rules (2018)
Journal Article
Gerner-Beuerle, C., Mucciarelli, F. M., Schuster, E., & Siems, M. (2018). Why do businesses incorporate in other EU Member States? An empirical analysis of the role of conflict of laws rules. International Review of Law and Economics, 56, 14-27. https://doi.org/10.1016/j.irle.2018.05.002

Research in law, political science and economics has taken a strong interest in the way companies strategically incorporate in foreign jurisdictions. However, the empirical research about corporate mobility in the EU has so far been limited in two re... Read More about Why do businesses incorporate in other EU Member States? An empirical analysis of the role of conflict of laws rules.

‘Re‐reading’ Dassonville: Meaning and Understanding in the History of European Law (2018)
Journal Article
Schutze, R. (2018). ‘Re‐reading’ Dassonville: Meaning and Understanding in the History of European Law. European Law Journal: Review of European Law in Context, 24(6), 376-407. https://doi.org/10.1111/eulj.12290

There are few ‘mythical’ judgments that every student of European integration has read or ought to have read. Dassonville is one of these judgments. The Court here makes one of its ‘most famous pronouncement[s] ever’; and yet very little historical r... Read More about ‘Re‐reading’ Dassonville: Meaning and Understanding in the History of European Law.