Utrecht Law Review (ceased)

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Utrecht Law Review (ceased)

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Recent Submissions

Reasons of Control and Trust: Grounding the Public Need for Transparency in the European Union

Abazi, Vigjilenca; Tauschinsky, Eljalill (Utrecht University Library Open Access Journals, 2015-07-01)

Public access to documents is one the European Union’s oldest and strongest policy efforts to connect with its citizens. Yet, the revision of Regulation 1049/2001 has been stuck in the pipeline for more than seven years, ...
Human Dignity and the Rule of Law

Riley, Stephen (Utrecht University Library Open Access Journals, 2015-07-01)

The rule of law denotes an expectation of non-arbitrary governance. It also invokes law’s distinctive characteristics: formality, institutional independence, and authority. Taken together with a basic conception of the ...
Democratic Input Legitimacy of IRAs: Proposing an Assessment Framework

Scholten, Miroslava (Utrecht University Library Open Access Journals, 2015-07-01)

The democratic input legitimacy of independent regulatory agencies (IRAs) is often questioned. Their independence creates distance from the main executive bodies, who therefore do not necessarily bear responsibility for ...
Exit, Voice, and Loyalty within the Judiciary: Judges’ Responses to New Managerialism in the Netherlands

Holvast, Nina L.; Doornbos, Nienke (Utrecht University Library Open Access Journals, 2015-07-01)

Judges in the Netherlands recently expressed their concerns over the organisation of the judiciary and the pressure to deliver output in a manifesto, which was signed by approximately 700 out of a total of 2,500 judges. ...
Empirical Legal Research: The Gap between Facts and Values and Legal Academic Training

Leeuw, Frans L. (Utrecht University Library Open Access Journals, 2015-07-01)

While traditional legal scholarship is under pressure and debates are taking place on the aims and methods of the academic study of law, at the same time empirical legal research is blossoming if not booming. The more ...
Integrating the Disciplines of Law and Biology: Dealing with Clashing Paradigms

Gommer, Hendrik (Utrecht University Library Open Access Journals, 2015-07-01)

This article considers the difficulties that a researcher on the border between normative and explanatory sciences may encounter. The article begins with an introduction to the field: the integration of law and biology. ...
Self-Defence as a Circumstance Precluding the Wrongfulness of the Use of Force

Farhang, Cliff (Utrecht University Library Open Access Journals, 2015-07-01)

Roberto Ago, the International Law Commission’s second Special Rapporteur on the topic of state responsibility for internationally wrongful acts, defined self-defence as a faculté of a state to use force in response to an ...
The Right and the Good in Aeschylus’ Oresteia and Yael Farber’s Molora: Transitional Justice between Deontology and Teleology

Van den Berge, Lukas; Caspers, Christiaan (Igitur, 2015-01-30)

The antagonism between deontological and teleological conceptions of law can be felt throughout the field of law. It is particularly pressing, however, in the context of what is commonly referred to as ‘transitional justice’. ...
Habitat Restoration on Private Lands in the United States and the EU: Moving from Contestation to Collaboration?

Schoukens, Hendrik (Igitur, 2015-01-30)

Current nature conservation laws, which are still mainly based on a traditional ‘command and control approach’, are falling short in delivering the much-anticipated rebound for many of the imperilled species, on both sides ...
Crimmigration at the Internal Borders of Europe? Examining the Schengen Governance Package

Van der Woude, Maartje A.H.; Van Berlo, Patrick (Igitur, 2015-01-30)

This article focuses on how the Schengen Governance Package, and in particular the revised legal framework on the temporary reinstatement of internal border checks, should be valued within the broader process of crimmigration. ...
Probability Arguments in Criminal Law - Illustrated by the Case of Lucia de Berk

Philipse, Herman (Igitur, 2015-01-30)

Which logic of probability should be applied with regard to factual hypotheses in criminal cases? In this article, I discuss two possible logical reconstructions of the so-called Coincidence Argument, which played a crucial ...
The Use and Incorporation of Extralegal Insights in Legal Reasoning

Giesen, Ivo (Igitur, 2015-01-30)

Following the US example, European scholarship has seen more and more interdisciplinary or multidisciplinary academic work being carried out over the last few decades, not only in criminal law but also relating to private ...
European Agencies for Criminal Justice and Shared Enforcement (Eurojust and the European Public Prosecutor’s Office)

Luchtman, Michiel; Vervaele, John (Igitur, 2014-12-12)

European agencies are playing an increasing role in the criminal judicial area. When it comes to the applicable law for their investigative acts, the picture is not that European, but rather a vague mix of some European ...
The Institutionalised and Non-Institutionalised Exemptions from EU Public Procurement Law: Towards a More Coherent Approach?

Janssen, Willem A. (Igitur, 2014-12-12)

From a EU public procurement law perspective, contracting authorities have a discretionary power to decide upon who is allowed and best suited to provide public services to the public. When public authorities deem the ...
Designing Supervision under the Preventive Anti-Money Laundering Policy in the European Union

Van den Broek, Melissa (Igitur, 2014-12-12)

Directive 2005/60/EC on the prevention of the use of the financial system for the purpose of money laundering and terrorist financing is currently one of the main instruments which regulates efforts to combat money laundering ...
Shifts in Competences between Member States and the EU in the New Supervisory System for Credit Institutions and their Consequences for Judicial Protection

Wissink, Laura; Duijkersloot, Ton; Widdershoven, Rob (Igitur, 2014-12-12)

The Single Supervisory Mechanism (SSM) is a striking example of the tendency within the EU to transfer decisive, regulatory and enforcement powers to the EU level. The SSM involves a complex system of mixed administration ...
On the Enforceability of EU Agencies’ Soft Law at the National Level: The Case of the European Securities and Markets Authority

Van Rijsbergen, Marloes (Igitur, 2014-12-12)

The delegation of more and more soft regulatory powers to EU agencies occurs in an increasing number of policy areas, e.g. aviation, medicines and financial services. Although the growing scope of the delegation of public ...
Institutional Design of Enforcement in the EU: The Case of Financial Markets

Scholten, Miroslava; Ottow, Annetje (Igitur, 2014-12-12)

Enforcement of EU law has become increasingly ‘Europeanized’. But how is and can it be organized in the integrated legal order of the EU to promote effective enforcement? In light of the recent institutional and substantive ...
The Multiplicity of Regulatory Responses to Remedy the Gender Imbalance on Company Boards

Senden, Linda (Igitur, 2014-12-12)

In this article the variation in regulatory and enforcement regimes, strategies and styles that have developed in European countries with a view to tackling the problem of the underrepresentation of women on company boards ...
Shared Regulatory Regimes through the Lens of Subsidiarity: Towards a Substantive Approach

Buijze, Anoeska (Igitur, 2014-12-12)

This contribution explores the division of regulatory and enforcement competences between the EU and the Member States on a general level. It provides some substantive criteria that can facilitate the judicial review of ...