ELTE Law Journal 2022/1
ELJ_ 2022_1
European Democracy: A Reconstruction through Dismantling Misconceptions
Armin von Bogdandy* European Democracy: A Reconstruction through Dismantling Misconceptions** DOI: 10.54148/ELTELJ.2022.1.5 Abstract The democratisation of Europe requires the Europeanisation of democratic thought. This contribution joins that project from a legal perspective. It substantiates art 2 and 10 TEU by engaging with common arguments that deny the European Union’s democratic character. It consists in […]
The Termination of Intra-EU Investor- state Arbitration and the Enforceability of Intra-EU Awards in the United States District Courts
Cristian Gallorini* The Termination of Intra-EU Investor- state Arbitration and the Enforceability of Intra-EU Awards in the United States District Courts DOI: 10.54148/ELTELJ.2022.1.25 Abstract Over the past 20 years, the gradual termination of ISDS mechanisms in intra-EU BITs and the ECT have received considerable attention within the EU. The CJEU judgments in Achmea, Komstroy […]
A Habermasian Response to the Legitimacy Crisis of Investment Arbitration
Rafael Quintero Godínez* A Habermasian Response to the Legitimacy Crisis of Investment Arbitration DOI: 10.54148/ELTELJ.2022.1.49 Abstract This article presents the Habermasian theory of adjudication’s role in and legitimacy to achieve three major objectives, first, to develop a diagnosis of the legitimacy crisis of investment arbitration; second, to understand why dominant positivistic approaches cannot solve […]
Three Ways of Secure Data Reusability in Europe: German Research Data Centres, Finnish Findata and the French Secure Access Data Centre
Bálint Ferencz* – Bettina Büki** Three Ways of Secure Data Reusability in Europe: German Research Data Centres, Finnish Findata and the French Secure Access Data Centre DOI: 10.54148/ELTELJ.2022.1.81 Abstract The importance of the data economy has been recognised by the European Commission (hereinafter: Commission); hence, since the release of the data strategy, a […]
Analysis of the Material Scope of Substantive Finality Based on the Hungarian Codes of Civil Procedure
Balázs Völcsey* Analysis of the Material Scope of Substantive Finality Based on the Hungarian Codes of Civil Procedure DOI: 10.54148/ELTELJ.2022.1.109 Abstract The regulation of finality is based on the fact that the main purpose of any procedural law, whether at domestic or international level, is to strive for finality; namely that courts decide on […]
