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difference principle

Overview page. Subjects: Philosophy.

The principle chosen by rational people from behind the veil of ignorance, in Rawls's A Theory of Justice. The principle requires that social benefits and burdens are allocated in such a...

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The Non-discrimination Principle

Turkuler Isiksel.

in Europe's Functional Constitution

April 2016; p ublished online August 2016 .

Chapter. Subjects: EU Law. 12750 words.

This chapter analyzes the evolution of the EU’s non-discrimination principle from a norm designed to promote market integration into a constitutional framework for equal treatment. Although...

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Strict Liability

Cees van Dam.

in European Tort Law

June 2007; p ublished online January 2010 .

Chapter. Subjects: EU Law. 5211 words.

This chapter analyses the concept of strict liability in Europe. It shows that the difference between fault liability and strict liability is a gradual rather than a principle one. When...

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Litigating in Luxembourg and the Role of the Advocate at the Court of Justice

David Vaughan and Margaret Gray.

in Continuity and Change in EU Law

March 2008; p ublished online January 2009 .

Chapter. Subjects: EU Law. 12273 words.

This chapter considers some of the ways in which litigating before the Court of Justice differs from litigating before United Kingdom courts, and how those differences affect the manner in...

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Goods and Services in EC Law

Jukka Snell.

March 2002; p ublished online March 2012 .

Book. Subjects: EU Law. 298 pages.

The book examines the law of the free movement of goods and services. These two freedoms are fundamental to the European Community's internal market and form the basis for an...

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A Primer on Union Competences

Marcus Klamert.

in The Principle of Loyalty in EU Law

January 2014; p ublished online April 2014 .

Chapter. Subjects: EU Law; Constitutional and Administrative Law. 10824 words.

Chapter 7 discusses the situation regarding the distribution of competence following the Lisbon Treaty. Several unresolved issues pertaining to what have hitherto been called ‘implied’...

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Proportionality: The Way Ahead?

Mary Arden.

in Human Rights and European Law

January 2015; p ublished online March 2015 .

Chapter. Subjects: Human Rights and Immigration; EU Law. 10390 words.

According to the proportionality principle, no state or official or institution can interfere with an individual’s rights under the European Convention on Human Rights or under EU law,...

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The Independence of the European Central Bank and Its New Banking Supervisory Competences

Chiara Zilioli.

in Independence and Legitimacy in the Institutional System of the European Union

February 2016; p ublished online April 2016 .

Chapter. Subjects: EU Law; Constitutional and Administrative Law. 31381 words.

This chapter explores, first, why the TFEU assigned monetary policy tasks to an independent institution, the ECB, and examines the features of its accountability, complement and...

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A European Model of Public Administration

Bernard Stirn.

in Towards a European Public Law

April 2017; p ublished online June 2017 .

Chapter. Subjects: EU Law; Constitutional and Administrative Law. 7607 words.

Chapter 6 shows how, in spite of the differences of the various domestic legal systems in Europe, a European model for public administration is emerging. This can be seen across different...

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