The effectiveness of European Community law is probably the most distinguishing feature of this unique legal order in contrast with classic international law. By contrast, the effectiveness of European Economic Area law (EEA Law), the way this other even more sui generis legal system provides comparable rights for EFTA-EEA citizens, is a silent revolution brought by the EFTA Court that has not been properly researched and exposed in the field of European law.

This book addresses first the rel...

Proportionality analysis describes a particular legal technique of resolving conflicts between human or constitutional rights and public interests through a process of balancing. As a general tendency, the current vivid academic debate on proportionality pays, however, insufficient attention to the institutional context – the question of judicial review. Based on the premise that proportionality analysis is a permissible approach to resolve conflicts between rights and other interests, the ...

The transition towards sustainable sources of energy requires the law to facilitate and regulate societal and technological transformations, in all kinds of arrangements concerning energy, from production, transport, and trade to distribution and consumption. As this transition, by its nature, is a universal topic and crosses boundaries of jurisdictions, comparative law is eminently appropriate to

rethink analytically and synthetically how local, national, supra- and international law can fac...

The background to this collection of papers is formed by the changes in contemporary society. In modern-day western societies it is thought that individualism trumps collectivism. There is change from the paradigm of hierarchy to a paradigm of cooperation. This affects administrative law, which is traditionally top-down, but is slowly accepting and incorporating mechanisms of negotiation and bottom-up involvement of stakeholders and concerned individuals.

The contributors to this volume inves...

Thoko Kaime’s The Convention on the Rights of the Child: A cultural legitimacy critique looks at the protection and promotion of children’s rights through a socio-legal examination of the provisions of the world’s pre-eminent children’s rights treaty, the Convention on the Rights of the Child. The book focuses on this singular question: Does the Convention provide a culturally appropriate framework for the protection and promotion of children’s rights across different cultures? In e...

This book provides a selection of interesting papers presented at the Third REALaw Research Forum, which was held in Utrecht on January 30, 2015. The overarching theme of the colloquium was Judicial Coherence in the European Union.

Ever since the establishment of the EU's judicial system, coherence in the administration of justice within the EU has been an intriguing topic for debate amongst legal scholars and practitioners. Throughout the development of EU (administrative) law in recent decad...