To make ECtHR rulings prevail over final Spanish judgments is a matter for the legislator, not for an extreme or exaggerated interpretation of a law that has not been promulgated for that purpose. Within the context of the doctrine introduced by the Administrative Bench of the TS, the current or subsisting character of the violation of the fundamental right turns out to be a key issue. However,...

International courts have proliferated in the international system in the past century, with one hundred judicial or quasi-judicial bodies currently in existence. While the supply of international courts has increased substantially, state level support for international courts varies across states, across courts, and over time. This paper focuses on the cross-sectional and temporal variation in...

This article aims to curb the enthusiasm for post-Communist judicial empowerment by showing that sometimes a powerful judiciary can threaten the rule of law. It argues that the powerful Bulgarian Constitutional Court promotes conflict between the executive and the ordinary judiciary. The “war of institutions” has made Bulgaria the poster child for failed judicial reforms among new European Unio...

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INTRODUCTION I was pleased to read and am now pleased to respond to the commentaries byMinssen and Schwartz1 and byThambisetty2 on my articleDolly andAlice.3 Each of these commentaries offers a welcome comparative perspective to the doctrinal quandaries that I initially pointed out, indicating some prescription for the American patent eligibility problem based upon the parallel European experie...

This paper investigates natural-language argumentation in the case law domain. The starting point is a study on the discoursive and argumentative characteristics of ten legal documents from the European Court of Human Rights (ECHR). Then, a generalization of this study allows to formalize the structure of argumentation in the ECHR documents as a context-free grammar. The paper concludes with th...

was elaborated in cooperation with the Member States. It does not intend to produce legally binding effects and by its nature does not prejudice any measure taken by a Member State within the implementation prerogatives under Regulation 1107/2009 or Regulation 396/2005, nor any case law developed with regard to these provisions. This document also does not preclude the possibility that the Euro...

More than in any other sub-fields of European studies, the study of law-andpolitics in the European Union owes a great deal to U.S. scholarship. Given the differences in structure of the academic fields on both sides of the Atlantic, and the early development of socio-legal studies in the United States (which still has no equivalent in Europe), American scholars have been the first to challenge...

Jurisdictions around the world continue to grapple with the clash between religious freedoms and other freedoms and values to which a society subscribes. A recent, and current, debate concerns the extent to which a person is free to wear items of clothing often thought to be symbolic of the Muslim faith, though the issues are not confined to any particular religion. Bans on the wearing of this ...