UNIVERSITÉ PARIS-PANTHÉON-ASSAS
By presenting the Swiss approach to statutory interpretation, ie the pragmatic pluralism of methodologies, this paper underlines that this is a good way for the judge to take into account a basic principle: different cultures, different languages produce different texts. Since the same idea cannot be expressed in the same way in different languages, one cannot stick to the wording in order to find the common meaning of all these various wordings. More visible in multilingual legal regimes, this principle applies, however, also to monolingual systems. It is not possible to stick to a 'clear' wording without a proto-interpretation of such wording through which the judge weighs all the approaches in order to get to a solution that reflects the underlying normative values.
Although the 'level playing field' argument has been used for a long time, it is now being exploited to a greater extent in a context of geopolitical recomposition. It accompanies a two-pronged approach to public action in the market economy promoted by the European Union. Internally, it is intended to justify corrective action in the internal market, whether in terms of respecting the competitive order or promoting positive integration. Externally, the 'level playing field' aims to protect the internal market by exploiting the Brussels effect to re-establish a balance between European and non-European enterprises.
The global debate on corporate purpose and new corporate forms includes a recent legislative reform proposal in Germany focusing on steward ownership. The proposal is part of a wider comparative trend towards the creation of long-term, ...
Crypto-currencies are not widely used as a means of payment in Colombia or the European Union. This observation leads us to question the compatibility of crypto-currencies with payment law, and in particular the conditions under which ...
The 1985 Product Liability Directive (PLD) is currently being revised, with a view to adapting European Union product liability rules to the digital economy and new technologies. The ongoing discussion focuses on technical issues and apparently ...
Some doctrinal works participate so significantly in the understanding of legal phenomena that they become unmissable. Others become essential on account of the reflection they develop or due to the originality of their approach and thought. The ...
The theme of rights is so absolutely central to legal-philosophical reflection that when the term 'age of rights' is being used to refer to the period coinciding with the consolidation of contemporary democratic regimes, it means that human ...