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Vol 22 No 9 Sept/Oct 2017

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Corruption and Misuse of Public Office

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Relocating the Rule of Law

Edited by: Gianluggi Palombella, Neil Walker

ISBN13: 9781841135977
Published: December 2008
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £60.00



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In this set of interdisciplinary essays leading scholars discuss the future of the Rule of Law, a concept whose meaning and import has become ever more topical and elusive. Historically the term denoted the idea of 'government limited by law'. It has also come to be equated, more broadly, with certain goods suggested by the idea of legality as such, including the preservation of human dignity and other individual and social benefits predicated upon or conducive to a rule-based social order. But in both its narrow and broader senses the Rule of Law remains a much contested concept.

These essays seek to capture the main areas and levels of controversy by 'relocating' the Rule of Law not just at the philosophical level, but also in its main contemporary arenas of application - both national, and increasingly, supranational and international.

Subjects:
Jurisprudence
Contents:
Introduction
George A Bermann and Katharina Pistor
Part I: The Legal Foundations of the Enlarged European Union
1. Institutional Settlements for an Enlarged European Union
Ingolf Pernice
2. A Constitution for Europe? Some Hard Choices
Joseph Weiler
3. The Role of the EU Charter of Rights in the Process of Enlargement
Wojciech Sadurski
4. The Challenge of Cooperative Regulatory Relations after Enlargement
Francesca Bignami
5. The Legal Foundations of the Enlarged European Union
A Comment by George A Bermann and Gráinne de Búrca
Part II: The Governance of Labour Relations
6. The Convergence of European Labour and Social Rights: Opening to the Open Method of Coordination
Silvana Sciarra
7. The EU Agenda for Regulating Labour Markets: Lessons from the UK in the Field of Working Time
Catherine Barnard
8. European Enlargement: A Comparative View of Hungarian Labour Law
Csilla Kollonay Lehoczky
9. The Institutional Conditions for Effective Labour Law in the New Member States
A Comment by Manfred Weiss
10. Social Law at the Time of European Union Enlargement
A Comment by Antoine Lyon-Caen
Part III: Corporate Governance
11. The EU Model of Corporate Law and Financial Market Regulation
Peter Doralt and Susanne Kalss
12. Complying with EU Corporate Standards: A Practitioner’s View from Poland
Stanislaw Soltysin ´ski
13. Emerging Owners, Eclipsing Markets? Corporate Governance in Central and Eastern Europe
Erik Berglöf and Anete Pajuste
14. Enhancing Corporate Governance in the New Member States: Does EU Law Help?
Katharina Pistor
15. Corporate Law and Governance in an Enlarged Europe
A Comment by Richard M Buxbaum
16. Corporate and Securities Law Conditions in the Acquis Communautaire: A Comment on Pistor and Berglöf and Pajuste
Merritt B Fox
Part IV: Domestic Institution Building in the Shadow of the Acquis
17. Implementation and Compliance: Stimulus for New Governance Structures in the Accession Countries
Roland Bieber and Micaela Vaerini
18. Accession’s Impact on Constitutionalism in the New Member States
András Sajó
19. EU Accession in Light of Evolving Constitutionalism in Poland
Miroslaw Wyrzykowski
20. Contested Norms in the Process of EU Enlargement: Non-Discrimination and Minority Rights
Antje Wiener and Guido Schwellnus
21. The Fifth Enlargement: More of the Same?
A Comment by Frank Emmert
22. Accession’s Internal Dimension in the New Member States
A Comment by Joanne Scott