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'Constitutional Changes in the Czech Republic and Case-Law of the Constitutional Court in 2000-2002', Ivo Slosarcik, Issue 1, pp. 3–18 |
infoIvo Slosarcik, 'Constitutional Changes in the Czech Republic and Case-Law of the Constitutional Court in 2000-2002' (2004) 10 European Public Law, Issue 1, pp. 3–18 | | Copyright © 2004 Kluwer Law International
All rights reserved ISSN: 1354-3725
ID: EURO2004001 | 
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'The 2003 Competition Law Reform in Portugal', Carlos Botelho Moniz, Margarida Rosado da Fonseca, Pedro Gouveia e Melo, Issue 1, pp. 19–32 |
infoCarlos Botelho Moniz, Margarida Rosado da Fonseca, Pedro Gouveia e Melo, 'The 2003 Competition Law Reform in Portugal' (2004) 10 European Public Law, Issue 1, pp. 19–32 | | Copyright © 2004 Kluwer Law International
All rights reserved ISSN: 1354-3725
ID: EURO2004002 |
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'Devolution and the Constitution: the Italian Perspective', Gian Franco Cartei, Issue 1, pp. 33–42 |
infoGian Franco Cartei, 'Devolution and the Constitution: the Italian Perspective' (2004) 10 European Public Law, Issue 1, pp. 33–42 | | Copyright © 2004 Kluwer Law International
All rights reserved ISSN: 1354-3725
ID: EURO2004003 |
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'The Debate on the Future of the Standing under Article 230(4) TEC in the European Convention', Marton Varju, Issue 1, pp. 43–56 |
infoMarton Varju, 'The Debate on the Future of the Standing under Article 230(4) TEC in the European Convention' (2004) 10 European Public Law, Issue 1, pp. 43–56 | | Copyright © 2004 Kluwer Law International
All rights reserved ISSN: 1354-3725
ID: EURO2004004 |
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'A Constitution for the European Union? A Letter from Home', Patrick Birkinshaw, Issue 1, pp. 57–84 |
infoPatrick Birkinshaw, 'A Constitution for the European Union? A Letter from Home' (2004) 10 European Public Law, Issue 1, pp. 57–84 | | In this article, the editor examines the content, implications and some difficulties raised by the Draft Constitution for the European Union. Copyright © 2004 Kluwer Law International
All rights reserved ISSN: 1354-3725
ID: EURO2004005 |
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'Refashioning Rights in Central and Eastern Europe: Some Implications for the Region’s Roma', István Pogány, Issue 1, pp. 85–106 |
infoIstván Pogány, 'Refashioning Rights in Central and Eastern Europe: Some Implications for the Region’s Roma' (2004) 10 European Public Law, Issue 1, pp. 85–106 | | This article seeks to provide some insight into the multiple human rights challenges facing the Roma of Central and Eastern Europe (CEE). Under Communism, the bulk of the Roma benefited from wide-ranging social and economic rights introduced in the CEE states including rights to work, housing, healthcare and education. Paradoxically, the transition to democracy, economic liberty and a new emphasis on civil and political rights has precipitated a massive crisis for the region’s Roma. Subject to spiralling unemployment and sharply escalating living costs, most Roma have not been able to take advantage of the political, cultural or economic opportunities now available to them. Similarly, the recognition of minority rights in both regional instruments and national legislation, particularly since 1990, has had relatively little impact on the Roma of Central and Eastern Europe. Against a background of heightened racial animosity and persistent assaults on Roma victims, many Roma are afraid to assert their identity. For the mass of impoverished Roma, notions of minority rights are irrelevant. Finally, the article explores the failure of criminal justice systems in Central and Eastern Europe to respond to widespread physical intimidation directed against Roma subjects. Copyright © 2004 Kluwer Law International
All rights reserved ISSN: 1354-3725
ID: EURO2004006 |
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'Sovereignty, Legal Pluralism and Fundamental Rights', Giulio Itzcovich, Issue 1, pp. 107–134 |
infoGiulio Itzcovich, 'Sovereignty, Legal Pluralism and Fundamental Rights' (2004) 10 European Public Law, Issue 1, pp. 107–134 | | The article analyses the first Italian doctrine and jurisprudence on European integration, concentrating on the Corte costituzionale's decisions in the cases Costa, Acciaierie S. Michele and Frontini. The account shows that the general attitude of Italian legal culture toward European integration was more European-friendly than is suggested by the traditional image of the long-lasting confrontation with the European Court of Justice on the issue of supremacy of Community law. Copyright © 2004 Kluwer Law International
All rights reserved ISSN: 1354-3725
ID: EURO2004007 |
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'Digital War and Peace: Regulation and Competition in European Digital Broadcasting', Monica Ariño, Issue 1, pp. 135–160 |
infoMonica Ariño, 'Digital War and Peace: Regulation and Competition in European Digital Broadcasting' (2004) 10 European Public Law, Issue 1, pp. 135–160 | | This article evaluates how sector specific regulation and competition law, in particular merger control, have influenced the evolution of digital broadcasting markets in Europe. Recent developments in the Spanish market are examined, as they illustrate well what are the principal challenges faced by public authorities when intervening in rapidly changing markets. The crucial and often controversial issue of market definition is discussed in greater detail. Finally, a general reflection on how competition law fails to address non-economic considerations that specifically apply to the media, such as the protection of pluralism, is presented. Copyright © 2004 Kluwer Law International
All rights reserved ISSN: 1354-3725
ID: EURO2004008 |
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'Comparative Perspectives on Constitutional Law: Implications for the Human Rights Act 1998', Aileen Kavanagh, Issue 1, pp. 161–178 |
infoAileen Kavanagh, 'Comparative Perspectives on Constitutional Law: Implications for the Human Rights Act 1998' (2004) 10 European Public Law, Issue 1, pp. 161–178 | | Copyright © 2004 Kluwer Law International
All rights reserved ISSN: 1354-3725
ID: EURO2004009 |
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'C. Faria (ed.), The Dublin Convention on Asylum: Between Reality and Aspirations', Catherine Phuong, Issue 1, pp. 179–181 |
infoCatherine Phuong, 'C. Faria (ed.), The Dublin Convention on Asylum: Between Reality and Aspirations' (2004) 10 European Public Law, Issue 1, pp. 179–181 | | Copyright © 2004 Kluwer Law International
All rights reserved ISSN: 1354-3725
ID: EURO2004010 |
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'Markku Kiikeri, Comparative Legal Reasoning and European Law', Oliver Brand, Issue 1, pp. 182–185 |
infoOliver Brand, 'Markku Kiikeri, Comparative Legal Reasoning and European Law' (2004) 10 European Public Law, Issue 1, pp. 182–185 | | Copyright © 2004 Kluwer Law International
All rights reserved ISSN: 1354-3725
ID: EURO2004011 |
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'Sionaidh Douglas-Scott, Constitutional Law of the European Union', Philipp Dann, Issue 1, pp. 186–190 |
infoPhilipp Dann, 'Sionaidh Douglas-Scott, Constitutional Law of the European Union' (2004) 10 European Public Law, Issue 1, pp. 186–190 | | Copyright © 2004 Kluwer Law International
All rights reserved ISSN: 1354-3725
ID: EURO2004012 |
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'2003 Index', Issue 1, pp. 191–201 |
info'2003 Index' (2004) 10 European Public Law, Issue 1, pp. 191–201 | | Copyright © 2004 Kluwer Law International
All rights reserved ISSN: 1354-3725
ID: EURO2004013 |
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ISSUE 2 | |
'European Public Law', Stephen Tierney, Issue 2, pp. 209–220 |
infoStephen Tierney, 'European Public Law' (2004) 10 European Public Law, Issue 2, pp. 209–220 | | Copyright © 2004 Kluwer Law International
All rights reserved ISSN: 1354-3725
ID: EURO2004014 |
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'German Constitutional Law Cases', Petra Minnerop, Issue 2, pp. 221–236 |
infoPetra Minnerop, 'German Constitutional Law Cases' (2004) 10 European Public Law, Issue 2, pp. 221–236 | | Copyright © 2004 Kluwer Law International
All rights reserved ISSN: 1354-3725
ID: EURO2004015 |
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'Reviewing the Welsh Devolution Settlement', Ann Sherlock, Issue 2, pp. 237–244 |
infoAnn Sherlock, 'Reviewing the Welsh Devolution Settlement' (2004) 10 European Public Law, Issue 2, pp. 237–244 | | Copyright © 2004 Kluwer Law International
All rights reserved ISSN: 1354-3725
ID: EURO2004016 |
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'An England of Regions? The UK Government', John Hopkins, Issue 2, pp. 245–260 |
infoJohn Hopkins, 'An England of Regions? The UK Government' (2004) 10 European Public Law, Issue 2, pp. 245–260 | | Copyright © 2004 Kluwer Law International
All rights reserved ISSN: 1354-3725
ID: EURO2004017 |
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'Remedies for Infringements of Fundamental Rights', W van Gerven, Issue 2, pp. 261–284 |
infoW van Gerven, 'Remedies for Infringements of Fundamental Rights' (2004) 10 European Public Law, Issue 2, pp. 261–284 | | Respect for human rights and fundamental freedoms belongs, together with the principles of liberty, democracy and the rule of law, to the founding principles of the European Union, and its Member States (see Art. 6 EU Treaty). However, if fundamental rights cannot be enforced, they could not have been granted as well. In other words, fundamental rights are only truly respected when the legal order concerned makes them enforceable against those who have breached them. Who says enforcement, says remedies and courts, plaintiffs and defendants. And that is what this article is about, with the emphasis, however, on private plaintiffs who claim their fundamental rights to be breached by public authorities, or by other private persons. Copyright © 2004 Kluwer Law International
All rights reserved ISSN: 1354-3725
ID: EURO2004018 |
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'The Legal Protection of the Individual against Regulations in European Union Law', Jürgen Schwarze, Issue 2, pp. 285–304 |
infoJürgen Schwarze, 'The Legal Protection of the Individual against Regulations in European Union Law' (2004) 10 European Public Law, Issue 2, pp. 285–304 | | In this article, Professor Schwarze argues for enhanced judicial protection for individuals who wish to challenge Union measures. Certain limits in relation to legislative measures are, however, unavoidable. Copyright © 2004 Kluwer Law International
All rights reserved ISSN: 1354-3725
ID: EURO2004019 |
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'Soft Harmonisation: The Open Method of Coordination in the European Employment Strategy', Diamond Ashiagbor, Issue 2, pp. 305–332 |
infoDiamond Ashiagbor, 'Soft Harmonisation: The Open Method of Coordination in the European Employment Strategy' (2004) 10 European Public Law, Issue 2, pp. 305–332 | | This article examines the regulatory techniques adopted in pursuit of the European Union's Employment Strategy and their constitutional impact. The article argues that, through its creative use of soft law mechanisms, and in particular, the 'open method of coordination', the evolving Employment Strategy has the potential to forge a middle course through the regulatory choices facing the Union, between centralised harmonisation, on the one hand, and mutual recognition or regulatory competition, on the other. Copyright © 2004 Kluwer Law International
All rights reserved ISSN: 1354-3725
ID: EURO2004020 |
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'The Wind is in the North', Päivi Leino, Issue 2, pp. 333–368 |
infoPäivi Leino, 'The Wind is in the North' (2004) 10 European Public Law, Issue 2, pp. 333–368 | | Jacob Söderman was elected to the post of the European Ombudsman (EO) shortly after the establishment of the office by the Treaty of Maastricht. When Söderman took up his functions in 1995, he stepped into a largely undefined role. As the first European Ombudsman, he has enjoyed much discretion and had a unique opportunity to characterise the nature and functions of the office. According to the EC Treaty, the main task of the European Ombudsman is to consider complaints concerning 'instances of maladministration' in Community administration. But as the Treaty leaves 'maladministration' undefined, Söderman had relatively free hands in both defining and interpreting the concept. As a consequence, the undefined notion turned into a source of controversy concerning the correct functions of the EO. Söderman's approach met with mixed reactions: while he received several prizes for his achievements as the European Ombudsman, he almost failed to get re-elected for a second term in office in 1999. Copyright © 2004 Kluwer Law International
All rights reserved ISSN: 1354-3725
ID: EURO2004021 |
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'The Precautionary Principle in EC Law', José Luís da Cruz Vilaca, Issue 2, pp. 369–406 |
infoJosé Luís da Cruz Vilaca, 'The Precautionary Principle in EC Law' (2004) 10 European Public Law, Issue 2, pp. 369–406 | | The precautionary principle was first spelled out, at the EC level, in the field of environmental protection by the Maastricht Treaty. The ECJ dealt with some issues relating to a precautionary approach since 1994, in particular after the BSE cases. Copyright © 2004 Kluwer Law International
All rights reserved ISSN: 1354-3725
ID: EURO2004022 |
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'Gordon Anthony, UK Public Law and European Law', John Bell, Issue 2, pp. 407–409 |
infoJohn Bell, 'Gordon Anthony, UK Public Law and European Law' (2004) 10 European Public Law, Issue 2, pp. 407–409 | | Copyright © 2004 Kluwer Law International
All rights reserved ISSN: 1354-3725
ID: EURO2004023 |
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'Seerden and Stroink, Administrative Law of the European Union, Its Member States and the United States. Ladeur, The Europeanisation of Administrative Law: Transforming National Decision-making Procedures', Gary J Edles, Issue 2, pp. 410–413 |
infoGary J Edles, 'Seerden and Stroink, Administrative Law of the European Union, Its Member States and the United States. Ladeur, The Europeanisation of Administrative Law: Transforming National Decision-making Procedures' (2004) 10 European Public Law, Issue 2, pp. 410–413 | | Copyright © 2004 Kluwer Law International
All rights reserved ISSN: 1354-3725
ID: EURO2004024 |
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'Byrne et al., New Asylum Countries? Migration Control and Refugee Protection in an Enlarged European Union', Catherine Phuong, Issue 2, pp. 414–416 |
infoCatherine Phuong, 'Byrne et al., New Asylum Countries? Migration Control and Refugee Protection in an Enlarged European Union' (2004) 10 European Public Law, Issue 2, pp. 414–416 | | Copyright © 2004 Kluwer Law International
All rights reserved ISSN: 1354-3725
ID: EURO2004025 |
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ISSUE 3 | |
'European Court of Human Rights - July 2002 - September 2003', Iain Cameron, Issue 3, pp. 423–460 |
infoIain Cameron, 'European Court of Human Rights - July 2002 - September 2003' (2004) 10 European Public Law, Issue 3, pp. 423–460 | | Copyright © 2004 Kluwer Law International
All rights reserved ISSN: 1354-3725
ID: EURO2004026 |
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'The Finnish Administrative Procedure Act', Matti Niemivuo, Issue 3, pp. 461–468 |
infoMatti Niemivuo, 'The Finnish Administrative Procedure Act' (2004) 10 European Public Law, Issue 3, pp. 461–468 | | Copyright © 2004 Kluwer Law International
All rights reserved ISSN: 1354-3725
ID: EURO2004027 |
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'The Decentralization Alternatives on the Spanish Constitutional System', Luis Ortega, Issue 3, pp. 469–480 |
infoLuis Ortega, 'The Decentralization Alternatives on the Spanish Constitutional System' (2004) 10 European Public Law, Issue 3, pp. 469–480 | | Copyright © 2004 Kluwer Law International
All rights reserved ISSN: 1354-3725
ID: EURO2004028 |
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'Devolution in France: the Corsical Problem', Claudina Richards, Issue 3, pp. 481–502 |
infoClaudina Richards, 'Devolution in France: the Corsical Problem' (2004) 10 European Public Law, Issue 3, pp. 481–502 | | This article analyses how successive French governments have sought to resolve the problem of political violence in Corsica by introducing measures of decentralisation for the island. The adoption of provisions specific to Corsica has proved problematic given the traditional understanding of the constitutional principles of national unity and equality as applied by the Constitutional court. The article examines the transformation of the region of Corsica, created in 1982 with an Assembly unique in its organisation and attributes, into the 'collectivité territoriale de Corse' with increased powers distinct from those of mainland local authorities. Measures to recognise legally the people of Corsica, to introduce the compulsory teaching of Corsican in schools and, most controversially, to permit the Assembly to derogate from Parliamentary laws have, however, been held unconstitutional. Finally, consideration will be given to the implications for Corsica of the constitutional reforms of 2003, ending with the rejection by the Corsican electorate in a referendum of further institutional reforms for the island. Copyright © 2004 Kluwer Law International
All rights reserved ISSN: 1354-3725
ID: EURO2004029 |
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'European Controls on Member State Promotion and Regulation of Public Service Broadcasting and Broadcasting Standards', Mike Varney, Issue 3, pp. 503–530 |
infoMike Varney, 'European Controls on Member State Promotion and Regulation of Public Service Broadcasting and Broadcasting Standards' (2004) 10 European Public Law, Issue 3, pp. 503–530 | | Public service broadcasting is still widely supported in the European Union, despite technological developments which are now offering a challenge to many of the traditional justifications offered for the support of the concept. This article aims to demonstrate that public service broadcasting, along with associated measures designed to support high standards of quality in other broadcasting services, are still very important in the modern context due to the media's pivotal role in society. An analysis of the impact of 'European public law' which, in this context, is primarily restricted to the law on the freedom to provide services and the associated effects of the 'Television Without Frontiers' Directive and the law relating to state aids, aims to highlight the impact which European Public Law has had on media regulation. Some of the more recent developments, such as the European Court of Justice's decision in Ferring and Altmark, along with the Commission's corresponding change in attitude to state funding of public service broadcasting, are welcomed. The Court's more recent decisions taken under the freedom to provide services are questioned more closely, as it appears that these measures can be said to have had a more significant impact upon the traditions of media regulation within Member State constitutions. Copyright © 2004 Kluwer Law International
All rights reserved ISSN: 1354-3725
ID: EURO2004030 |
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'The Impact of EU Membership on Finnish Constitutional Law', Tuomas Ojanen, Issue 3, pp. 531–564 |
infoTuomas Ojanen, 'The Impact of EU Membership on Finnish Constitutional Law' (2004) 10 European Public Law, Issue 3, pp. 531–564 | | The Constitution of Finland reflects a minimalist approach to the regulation of the European Union (EU). Nowhere is membership directly acknowledged, and one also looks in vain for a constitutional provision that permits limitations of sovereignty or the transfer of sovereign powers to international institutions in general, not to speak of the EU in particular. It is only in Chapter 8 that one finds any constitutional provisions touching upon the EU. These provisions are about regulating the domestic distribution of powers in EU affairs (Section 93, subsection 2), as well as the concrete forms through which the participation of Parliament in EU affairs is managed (Sections 96 and 97). Copyright © 2004 Kluwer Law International
All rights reserved ISSN: 1354-3725
ID: EURO2004031 |
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'Organised Crime: A Catalyst in the Europeanization of National Police and Prosecution Agencies', Neil Boister, Issue 3, pp. 565–569 |
infoNeil Boister, 'Organised Crime: A Catalyst in the Europeanization of National Police and Prosecution Agencies' (2004) 10 European Public Law, Issue 3, pp. 565–569 | | Copyright © 2004 Kluwer Law International
All rights reserved ISSN: 1354-3725
ID: EURO2004032 |
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'Devolution in Context: Regional, Federal and Devolved Government', Andrew Evans, Issue 3, pp. 570–572 |
infoAndrew Evans, 'Devolution in Context: Regional, Federal and Devolved Government' (2004) 10 European Public Law, Issue 3, pp. 570–572 | | Copyright © 2004 Kluwer Law International
All rights reserved ISSN: 1354-3725
ID: EURO2004033 |
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'Le agenzie europee. Unità e decentramento nelle amministrazioni comunitarie', Sara Gobbato, Issue 3, pp. 573–575 |
infoSara Gobbato, 'Le agenzie europee. Unità e decentramento nelle amministrazioni comunitarie' (2004) 10 European Public Law, Issue 3, pp. 573–575 | | Copyright © 2004 Kluwer Law International
All rights reserved ISSN: 1354-3725
ID: EURO2004034 |
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'Disputed Territories: The Transnational Dynamics of Ethnic Conflict Settlement,', Emma McClean, Issue 3, pp. 576–578 |
infoEmma McClean, 'Disputed Territories: The Transnational Dynamics of Ethnic Conflict Settlement,' (2004) 10 European Public Law, Issue 3, pp. 576–578 | | Copyright © 2004 Kluwer Law International
All rights reserved ISSN: 1354-3725
ID: EURO2004035 |
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ISSUE 4 | |
'EUROPEAN UNION 2002 and 2003 in Luxembourg: Recent Developments', Andrea Biondi, Katherine Harmer, Issue 4, pp. 581–602 |
infoAndrea Biondi, Katherine Harmer, 'EUROPEAN UNION 2002 and 2003 in Luxembourg: Recent Developments' (2004) 10 European Public Law, Issue 4, pp. 581–602 | | Copyright © 2004 Kluwer Law International
All rights reserved ISSN: 1354-3725
ID: EURO2004036 |
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'TURKEY: Seven Packages towards Harmonisation with the European Union', Esin Örücü, Issue 4, pp. 603–621 |
infoEsin Örücü, 'TURKEY: Seven Packages towards Harmonisation with the European Union' (2004) 10 European Public Law, Issue 4, pp. 603–621 | | Copyright © 2004 Kluwer Law International
All rights reserved ISSN: 1354-3725
ID: EURO2004037 |
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'The European Court of Justice and the Powers of the Italian Antitrust Authority: the CIF Case', Bruno Nascimbene, Issue 4, pp. 623–634 |
infoBruno Nascimbene, 'The European Court of Justice and the Powers of the Italian Antitrust Authority: the CIF Case' (2004) 10 European Public Law, Issue 4, pp. 623–634 | | Copyright © 2004 Kluwer Law International
All rights reserved ISSN: 1354-3725
ID: EURO2004038 |
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'Can and Should Parliament Protect Human Rights?', David Feldman, Issue 4, pp. 635–651 |
infoDavid Feldman, 'Can and Should Parliament Protect Human Rights?' (2004) 10 European Public Law, Issue 4, pp. 635–651 | | Copyright © 2004 Kluwer Law International
All rights reserved ISSN: 1354-3725
ID: EURO2004039 |
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'Constitutional Process and Reform in the EU: Nice, Laeken, the Convention and the IGC', Paul Craig, Issue 4, pp. 653–675 |
infoPaul Craig, 'Constitutional Process and Reform in the EU: Nice, Laeken, the Convention and the IGC' (2004) 10 European Public Law, Issue 4, pp. 653–675 | | Copyright © 2004 Kluwer Law International
All rights reserved ISSN: 1354-3725
ID: EURO2004040 |
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'A Considered Judgement: The Nations and Regions Research Project', John Hopkins, Issue 4, pp. 677–682 |
infoJohn Hopkins, 'A Considered Judgement: The Nations and Regions Research Project' (2004) 10 European Public Law, Issue 4, pp. 677–682 | | Copyright © 2004 Kluwer Law International
All rights reserved ISSN: 1354-3725
ID: EURO2004041 |
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'Constitutional Human Rights in the Commonwealth', Richard Burchill, Issue 4, pp. 683–685 |
infoRichard Burchill, 'Constitutional Human Rights in the Commonwealth' (2004) 10 European Public Law, Issue 4, pp. 683–685 | | Copyright © 2004 Kluwer Law International
All rights reserved ISSN: 1354-3725
ID: EURO2004042 |
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'The European Yearbook of Minority Issues', Emma McClean, Issue 4, pp. 686–688 |
infoEmma McClean, 'The European Yearbook of Minority Issues' (2004) 10 European Public Law, Issue 4, pp. 686–688 | | Copyright © 2004 Kluwer Law International
All rights reserved ISSN: 1354-3725
ID: EURO2004043 |
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'2004 Index', Issue 4, pp. 690–704 |
info'2004 Index' (2004) 10 European Public Law, Issue 4, pp. 690–704 | | Copyright © 2004 Kluwer Law International
All rights reserved ISSN: 1354-3725
ID: EURO2004044 |
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