Research Catalog

Explaining legal transplants : transplantation of EU law into Central Eastern Europe

Title
Explaining legal transplants : transplantation of EU law into Central Eastern Europe / door Beata Kviatek.
Author
Kviatek, Beata, 1973-
Publication
Oisterwijk, The Netherlands : Wolf Legal Publishers (WLP), 2015.

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StatusFormatAccessCall NumberItem Location
TextUse in library KJE960 .K95 2015Off-site

Details

Description
492 pages; 24 cm
Summary
What conditions drive or impede the transfer and reception of laws and how? In other words, what is the social explanation of legal transplantation; one of the most common forms of legal change? The answers to these questions are important not only for social and legal scholars, but also for designers of legal reforms. This book presents an interdisciplinary attempt to explain the legal transplantation process by identifying conditions that shaped transplantation of EU regulatory rules to Central Eastern Europe. Based on a critical review of literature, the author developed an analytical framework for describing the pattern of legal transplantation. The comparison of general approximation in Lithuania and Poland revealed the determining importance of institutional and ideational conditions, whereas structural and psychological conditions, differently from what is often claimed in the literature, appeared to be less important. Indeed, during the early period of integration, both countries opted for American legal transplants despite growing proximity with the EU. During pre-accession institutional and ideational conditions were responsible for delay in approximation in Lithuania and progress in Poland. Analysis of transplantation of EU competition policy and state aid control rules confirmed the importance of institutional and ideational conditions, although different from sets of conditions in general approximation process --Back cover.
Alternative Title
Transplantation of EU law into Central Eastern Europe
Subject
  • Europäische Union
  • Pariser Friedenskonferenz 1919-1920 Paris Polish Delegation
  • Law > European Union countries > International unification
  • International and municipal law > Europe, Central
  • International and municipal law > Europe, Eastern
  • International and municipal law
  • Law > International unification
  • Recht
  • Übernahme
  • Central Europe
  • Eastern Europe
  • European Union countries
  • Litauen
Genre/Form
  • Academic Dissertation
  • Academic theses.
  • Thèses et écrits académiques.
Bibliography (note)
  • Includes bibliographical references (pages 419-492).
Contents
Introduction -- Analysis of legal scholarship on legal transplants -- Analysis of political science literature on transplantation -- Analytical framework for analysis of legal transplantation -- Research strategy for empirical investigation & selection of case studies -- The process of transfer -- The object of transfer : EU competition policy -- Transplantation to Poland -- Transplantation to Lithuania -- Transplantation to Poland and Lithuania compared : establishing differences -- The case of EU competition policy and state aid control : transplantation to Poland and Lithuania compared -- Theorising and explaining transplantation of EU law to aspirant countries : learning from the cases of Lithuania and Poland.
ISBN
  • 9789462402249
  • 9462402248
LCCN
2016295727
OCLC
  • ocn912278360
  • 912278360
  • SCSB-1887226
Owning Institutions
Princeton University Library