Looking Behind the Façade of Monism, Dualism and Pluralism
In: KFG Working Paper Series 59
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In: KFG Working Paper Series 59
In: KFG Working Paper Series • No. 60 • January 2023
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In: KFG Working Paper No. 59 | January 2023
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In: JuristenZeitung, Band 78, Heft 10, S. 451
In: Der Staat: Zeitschrift für Staatslehre und Verfassungsgeschichte, deutsches und europäisches öffentliches Recht, Band 61, Heft 4, S. 665-689
ISSN: 1865-5203
In: Global constitutionalism: human rights, democracy and the rule of law, Band 11, Heft 3, S. 518-547
ISSN: 2045-3825
AbstractThe notion of legal space is increasingly being used to address the challenges of multiple and overlapping spheres of legality that the notion of legal order cannot capture. This article shows how legal space can serve as an alternative (or at least complementary) concept to legal order in view of the limitations of the latter. It sketches out a notion of legal space that is inspired by topology, an approach that analyses the qualitative nature of spaces. It is concerned with understanding the ways in which legalities interact, rather than with 'measuring' their spatial dimensions. A topology-inspired approach to legal space can contribute to conceptualizing, in a novel manner, the inner structure of legal spaces, the boundaries of these spaces and their interrelations with other spaces. It offers an analytical toolkit for better understanding multiple legalities, providing categories to characterize sets of legal elements as well as phenomena such as overlaps and hybridity. It is conceptually less constrained than the concept of legal order, and thus allows us to address various bodies of law ranging from classical domestic law, EU law and international law to global administrative law, corporate social responsibility law, platform law and lex sportiva.
In: Jahrbuch des öffentlichen Rechts der Gegenwart, Band 70, Heft 1, S. 453
ISSN: 2569-4103
In: Archiv des Völkerrechts, Band 58, Heft 4, S. 504
ISSN: 1868-7121
Interrelations between EU law and domestic law – Concept of a norm-based compound structure – Intertwinement of legal norms and legal orders – Combined normativity – Multi-level structure within the legal norms – Primacy, supremacy and ranking of EU law and domestic law – Structural principles guiding the relationship between EU law and domestic law – Principles of uniformity and constitutional identity ; Peer Reviewed
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In: European journal of international law, Band 29, Heft 4, S. 1440-1447
ISSN: 1464-3596
In: Europarecht, Band 53, Heft 2, S. 248-263
In: For publication in: (2019) 1 German Law Journal, Forthcoming
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In: Transnational Legal Theory (2018)
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In: The British yearbook of international law, Band 87, Heft 1, S. 270-272
ISSN: 2044-9437
The Taricco II judgement handed down by the CJEU on 5 December 2017 is a telling and worrying example of a weakly reasoned court decision and the high price at which such weakness comes. It is a judgement that disregards legally problematic questions, seemingly subordinating argumentative consistency to the constraints of legal policy in a climate increasingly critical towards EU law and institutions. The (potential) collateral damage of this approach is considerable.
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