Because the EU said so? Rethinking the concept of harmonisation.

Ghio, Emilie (2018) Because the EU said so? Rethinking the concept of harmonisation. In: Society of Legal Scholars 109th Annual Conference, 3 - 7 September 2018, Queen Mary University, London. (Unpublished)

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Abstract

This article debunks the claim that European harmonisation initiatives are made in Brussels behind closed doors and are detached from national realities and domestic practices. This article demonstrates that there is an underlying misunderstanding surrounding the concept of harmonisation, which primarily stems from an incorrect use of different terms, in particular 'harmonisation', 'approximation' and 'convergence'. The field of European cross-border insolvency and rescue law is used as a case study to reveal that in this particular legal field, harmonisation initiatives have mostly stemmed from bottom-up regulatory methods, rather than strict top-down measures.

Item Type: Conference or Workshop Item (Paper)
Subjects: M200 Law by Topic
Divisions: Faculty of Business, Law and Social Sciences > School of Law
Depositing User: Emilie Ghio
Date Deposited: 24 Sep 2018 09:37
Last Modified: 24 Sep 2018 09:37
URI: http://www.open-access.bcu.ac.uk/id/eprint/6281

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