In: European Law Journal, 2004, vol. 10, no. 3, p. 257-281
This article examines whether and how the moral principle of legal coherence or integrity, which has recently been developed further as a response to disagreement in the national legal context, applies to European law. According to the European integrity principle, all national and European authorities should make sure their decisions cohere with the past decisions of other European and national...
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In: International Journal of Law, Policy and the Family, 2007, vol. 21, p. 137-159
The justifi cation of the child’s right to know her origins and the fundamental interests underlying it have attracted a lot of attention in recent years. This article goes one step further and assesses that right’s enforcement in practice together with its guiding principles. It starts by restating what the right consists in and what interests it protects according to different...
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In: European Law Journal, 2007, vol. 13, no. 5, p. 573-590
Object of a burgeoning literature in the past decade, the topic of Union citizenship has been sidelined in the past few years by the enlargement process and the constitutional debate in Europe. This apparent academic neglect does not reflect the legal, social and political reality, however, given the crucial development of EU citizenship rights in the legislation and case-law since 2002 and...
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In: Retfaerd - Nordisk Juridisk Tidsskrift, 2007/30/1/116/3-21
The question of democratic legitimacy in Europe has resurfaced with a particular gravity after the French and Dutch rejection of the Treaty establishing a Constitution for Europe in 2005. By concentrating on the supranational or international level of governance in the EU, accounts of European democracy propounded since the early 1990s have diverted attention away from the national level. Since...
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In: Human Rights Law Review, 2006, vol. 6, no. 2, p. 323-360
There is growing evidence that the European Union (EU) is becoming more involved in human rights protection and has the capacity to turn into an unprecedented post- national human rights protection institution. Based on that evidence, this article suggests different arguments in favour of a further development in this direction. These arguments stem not only from a general global justice...
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In: Journal of Social Philosophy, 2008, vol. 39, no. 2, p. 185-208
In her influential book The Origins of Totalitarianism, Hannah Arendt coined,by reference to Kant, the phrase “the right to have rights”1 to refer to the fundamental right to belong to an organized community. This right is the precondition for being granted any particular set of individual rights at all, and namely rights not only to freedom but also to action and opinion. This...
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In: Archiv für Rechts- und Sozialphilosophie Beiheft 105, Staats- und Verfassungstheorie im Spannungsfeld der Disziplinen, 2006, vol. 105, p. 160-189
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In: Jus Gentium, 2001, vol. 7, no. 1, p. 55-85
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In: International Journal of Discrimination and the Law, 1999, no. 3, p. 269-297
The aim of this article is to clarify the apparent antithesis between the fundamental private autonomy of the contractual parties and the right of a party not to be discriminated against and found anti-discrimination law's legitimacy in philosophy and economics. The purpose of reviving this controversy derives from a recent attack from some of the scholars of the 'law and economics' movement...
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In: Ethics and Global Politics, 2011, vol. 4, no. 1, p. 19-50
Human rights and democracy have been regarded as a mutually reinforcing couple by many political theorists to date. The internationalisation of human rights post-1945 is often said to have severed those links, however. Accounting for the legitimacy of international human rights requires exploring how human rights and democracy, once they have been decoupled or disconnected, can be recoupled...
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