the european :union: in its policy declarations states that the respect for human rights is a requirement in its internal and external relations. for instance, accession of european countries to the :union:, enjoying its services, and even signing an agreement with non-members is dependent on the observation of human rights. in this paper, the position of human rights in the european :union: le...

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This Living Reviews article evaluates the most important strains of social science research on the impact of the European Court of Justice (ECJ) on integration, EU-level policymaking, and national legal orders. Section 2 defines the concepts of judicialization and governance, and discusses how they are related. As the article demonstrates, the “constitutionalization of the EU,” and its effect o...

Swedish patent litigation in comparison to European. Access to the published version may require subscription. Introduction A first large-scale systematic comparison of patent litigation across European jurisdictions was published in 2013 by Cremers et al., with data from Germany, UK (England and Wales), France and the Netherlands. 1 We have developed comparable statistics for Swedish patent ca...

This article analyses the recent jurisprudence of the European Court of Human Rights on the issue of domestic violence, with a particular focus on Valiuliene v Lithuania. It seems that to date the Court’s jurisprudence on this issue is somewhat inconsistent, and with Valiuliene v Lithuania the Court was given an opportunity to clarify its approach in this area. There are certainly a number of p...

16 proportionality” which the German Constitutional Court developed in the 1950s and which since then has been treated as unwritten constitutional law in Germany. In the decades that followed the 1950s the German Constitutional Court realized that the principle of proportionality (commensurability) works like a representation of people’s moral sense and sense of justice. Therefore, the German C...

THE European Court of Human Rights' decisions T. v. The United Kingdom (16.12.1999 E.C.H.R. No. 24724/94) and V. v. The United Kingdom (16.12.1999 E.C.H.R. No. 24888/94) represent one of the ®nal stages in the notorious Bulger murder proceedings. The Court considered a number of applications by the defendants regarding the legality of their trial and sentences. The Court issued separate judgmen...

n the 11th of May, less than two weeks after losing her final legal appeal, Mrs Diane Pretty died, under sedation and in the care of a hos-pice. It was not the end she had pursued through the English High Court, the Court of Appeal, the House of Lords, and the European Court of Human Rights. Paralysed by motor neurone disease and unable to take her own life, Mrs Pretty wanted her husband to be ...