Private Law and Housing Justice in Europe

This article explores the different meanings of the right to housing in Europe in public and private relations with housing providers. In light of the fundamental right to housing's meaning in the case law of the European Court of Human Rights and the Court of Justice of the European Union, we offer a new reading of the CJEU judgments that have hitherto been heralded as extending the social dimension of EU (private) law. We submit that the emphasis on economic and procedural rights risks further ‘economisation’ of housing relations in Europe. While the possibilities to grant direct horizontal effect to the right to housing in EU law currently offer limited potential to counter this trend, private law provides part of the framework for a further balancing of social and economic elements in housing cases. Accordingly, we call for a debate on the specific aspects of horizontal relationships in the complex system of housing justice.     

Sexuality and Law in the New Europe

Kees Waaldijk and Andrew Clapham (eds), Homosexuality: A European Community Issue—Essays on Lesbian and Gay Rights in European Law and Policy     

刑事法律的欧洲化与刑事法律领域的欧洲一体化

<正>一、导论自欧盟《马斯特里赫特条约》生效以及司法与内务领域的欧洲政策被描绘出轮廓以来,司法与内务发展成为欧盟立法的主要领域之一。现在,我们又处在一个重要的历史性壮举的开端。2003年6月,欧洲议会达成了建立欧洲宪法的草拟性条约。对于未来的欧盟条约使用“宪法”这个术语并不仅仅是个装饰。这一成就使我们明白,欧盟一体化必须根植于一个条约性的文件中——这个条约性的文件不仅仅与欧洲人的公民身份有关,     

Anti Race Discrimination Measures in Europe: An Attack on Two Fronts

Abstract In recent years, two measures against racial discrimination have been taken in Europe: the European Union adopted a Council Directive implementing the Principle of Equal Treatment between Persons irrespective of Racial or Ethnic Origin in June 2000; and, in December 2002, the European Commission against Racism and Intolerance, a body of the Council of Europe, adopted General Policy Recommendation no 7 on National Legislation to Combat Racism and Racial Discrimination. This article reviews these two instruments, which show many similarities, but also some differences. The differences are mainly their force, their personal and material scope, and their grounds for discrimination. The relationship between the two, and how they influence and strengthen one another to increase the pressure for adequate and effective legislation within the Member States of the European Union, is discussed and analysed.     

日本近代法的诞生与欧洲

一、法族论中的日本法 按一定的标准，使用法系(Legal system)、法圈(Rechtskreise)、法族(famile de droit)、法律传统(legaltradition)等概念将全世界无数的法律秩序划分为几个法律系统，一般称为“宏观比较法”。对比较法学者来说，是一个极具魅力的课题。然而，这门学问出现较晚，世界上的比较法学者锐意研究已是进入20世纪之后的事了。可能正是出于这一原因，现在还很……     

Race,Care Work,and the Private Law of Inheritance

Hartog, Hendrik. 2012 . Someday All This Will Be Yours: A History of Inheritance and Old Age . Cambridge MA: Harvard University Press. Pp. 353. $29.95 cloth. In Someday All This Will Be Yours, Hendrik Hartog (2012) examines how private inheritance law structured the strategies people used at the turn of the twentieth century to induce relatives to care for them as they aged. Reading it as a book about social inequality and the family reveals how wealth, gender, and race not only worked to deny claims of marginalized caregivers but also to hide the way these social hierarchies affect family life. Although race does not figure in Hartog's analysis, highlighting its latent presence illustrates the often unspoken yet fundamental role race plays in legal regulation of families.     

欧洲良好行政行为法(译文)

2001年9月6日,欧洲议会通过一项决议,批准了欧盟的机构、团体以及它们的的行政部门和公务员在处理与社会公众的关系时必须予以尊重的欧洲良好行政行为法。制定本法的建议是Roy PERRY MEP于1998年最早提出的。欧洲调查专员在主动调查之后,起草了草案,并以特别报告的形式提交欧洲议会。欧洲议会的决议以欧洲调查专员的草案为基础,并根据欧洲议会申诉委员会报告起草人PERRY先生的建议做了一些修改。本法的地位2001年12月于法国尼斯举行的政府首脑会议,通过了欧盟基本权利宪章。它把公民获得良好行政的权利和就暴政向欧洲调查专员提出申诉…     

The Semiotics of Civil Rights in Consumer Society: Race,Law, and Food

Cooking and constitutionalism. Food and racial equity. I intend the juxtaposition to be jarring, even humorous. I would like to view it as a subtle indication of a historical trend in which central aspects of legal memory have been repressed from contemporary civic practice and important intellectual questions, concerning semiotics in consumer society, have been neglected in mainstream legal scholarship. As I will explain, the story of Ollie's barbecue suggests not only that cooking and constitutionalism are intricately linked, but also that the expansion of postwar economic life formed a material basis for this hidden bond. Considering the history of Ollie's thus can both illuminate the deep historical meaning of the Civil Rights Act, and also point the way toward a more general field of research, the development of what might be called a legal semiotics of consumption.     

Darker Legacies of Law in Europe. The Shadow of National Socialism and Fascism over Europe and Its Legal Traditions

Eds. Christian Joerges and Navraj Singh Ghaleigh. With a Prologue by Michael Stolleis and an Epilogue by Joseph H. H. Weiler. Oxford: Hart. 2003. Pp. 416.     

Race Equality and TCNs, or How to Fight Discrimination with A Discriminatory Law

Two subjects often fit with difficulty in 'Fortress Europe': Equality and Third Country Nationals (TCNs). EC Law presents fundamental weaknesses with regard to TCNs in the intersections between race, religion and nationality discrimination. In particular for non-EU nationals, these three grounds of discrimination can be closely related, and difficult to distinguish. However, they are of great importance for the integration and fair treatment of migrants, which was one of the objectives of the Tampere Programme. This article analyses the extent to which the Race Equality Directive (43/2000/EC) and the Framework Equality Directive (78/2000/EC) provide an effective protection against 'racial related discrimination'. It suggests that the loopholes of both Directives, together with the current interpretation of Article 12 EC, have institutionalised not only a hierarchy of equalities, but also a hierarchy of peoples, and it explores possible interpretative solutions.