Current research


Securing the Rule of Law in a World of Multilevel Jurisdiction: Coherence, Institutional Principles and Fundamental Rights
Research in Leiden is concentrated into six research programmes by the Meijers Institute in which researchers from different (legal) disciplines work together. This focus was determined by the idea that it was particularly at the areas of intersection between the various disciplines that important research questions are to be found. Faculty researchers also participate in various national and international research networks. One of the programmes, 'Securing the Rule of Law in a World of Multilevel Jurisdiction', is the programme in which researchers of the Europa Institute participate.
Central Research Questions and Coordinator
Central Research Questions
There are three central questions in the research program:

(a) What are the characteristic forms and most prominent legal problems of multilevel jurisdiction?
(b) What fundamental values and principles control the making and enforcement of law in multilevel jurisdictions, or ought to control the exercise of legal power?
(c) How can the observation of these fundamental values be ensured?

The above-stated questions are, first of all, descriptively stated: Which legal issues arise in a situation involving multilevel jurisdiction? Which fundamental values and principles have roles to play? What is the state of legal coherence, the respect for institutional principles such as the separation of powers, legality and the assurance of human rights? This description will form the foundation for further, more legally-oriented analysis involving the following issue: In a situation involving multilevel jurisdiction, which methods of law making and enforcement as well as which principles are best suited to enhance expression of fundamental values, such as optimal legal coherence, respect for human rights and checks on unwanted concentrations of power? A normative issue is linked to such concerns: Which values and principles should have roles to play?

Coordinator
Prof.dr. R.A. Lawson
Background
The ever increasing globalisation of economic and political developments constitutes an important starting point for this research program. The law has always tried to legally embed these phenomena in existing and, when necessary, new concepts. Conversely, changes in law and institutional developments also affect international economic and political developments.

Law making and law enforcement occur to an increasing extent at various - often interrelated - levels: in the international context, within the structure of the EU, at the national level and within the frameworks of private law. In such a world of multilevel jurisdiction, the question is raised about the fundamental values and legal principles that govern law making and enforcement. Various subsidiary issues play a role in this regard. First, are the rules established at different levels compatible with each other? Is the legal subject (‘person' of law) confronted with differing or even conflicting norms? In other words, to what extent is any law made in this way coherent? Second, are institutional principles, such as the principle of legality and the separation of powers, guaranteed when such widely varying forums exercise jurisdiction? Third, what are the limits to law making and enforcement laid down by fundamental values, of which human rights form an important category? How are they guaranteed in a world of multilevel jurisdiction?
Subprogram: Making and enforcing international law and the regulation of international economic interaction in a situation of multilevel jurisdiction
Coordinator: Prof.dr. P.J. Slot

This subprogram examines the development of the worldwide legal community characterised as a multilevel jurisdiction instead of a traditional state jurisdiction. An attempt will be made to make this development perceptible. Related to this, an answer will be given to the question whether this development makes it necessary to revise the traditional (state-based) premises underlying international law, and if so, in which ways? Additionally, an investigation will be made of the extent to which the traditional concepts of public and private legal jurisdiction are still adequate for the regulation of international trade and the cross-border movement of natural and legal persons. The European Union will be given special attention as a result of both its internal developments and its role on the world stage.

States no longer play an exclusive role in making and enforcing international law. As a consequence of globalisation, not just individual state interests but also common interests are to be given stronger expression. Non-state entities, in the form of both governmental and non-governmental organisations, are essential for the promotion of such shared interests and receive their own places in the international legal community. In this program, research will be conducted on the manner in which these new developments in the direction of Community law are related to the classical observations about the nature of international law as interstate law.

The research is composed of two subtopics. The first topic is concerned with the fundamental consequences for the law of nations and international institutional law resulting from the creation of a community characterised by a multilevel jurisdiction. The degree to which this community develops its own system of fundamental values and norms will be carefully examined, along with the international institutions that are indispensable for making and enforcing these norms. In particular, attention will be focused on such values and principles as coherence, institutional guidelines and fundamental rights. Within the first subtopic, the research project will primarily be concerned with developments such as the following: the monopoly of power in the international community (in particular, the role of the UN Security Council in this regard); the battle against such international crimes as genocide, war crimes and terrorism; international humanitarian rights; and the promotion of sustainable economic developments. In particular, consideration will furthermore be given to the besieged position of the United Nations and to the relations between the EU and the UN.

The second topic focuses attention on a new interpretation and application of the traditional concepts of jurisdiction as well as the formulation of new principles in the context of international economic law. In this respect, research will not only be conducted on a number of subsidiary areas such as international commerce, but the European Union’s role in establishing economic regulatory processes will also be investigated. On the one hand, the Union exemplifies a legal order that enacts regulations designed to resolve transnational problems. On the other hand, the process of globalisation poses new challenges to European economic regulation, and the Union has an important role to play as a regulator of international economic commerce.
Current PhD theses under supervision of Professor P.J. Slot
  • W.B. van Bockel LL.M, “The role of the Principle of Ne Bis in Idem in Context of the Cooperation between Antitrust Agencies: A Model for the Development of International Antitrust”
  • S.A.L. Josaputra LL.M MA, “Combating Counterfeiting and Piracy in the European Union and China: A Comparative Legal Study” 
  • S. Kingston LLM, “Competition and Environment”
  • M. Park LL.M, "The 'Europeanization' of supervision on financial markets"
  • J. Rapp LLM, “Abuse of Market Dominance on Both Sides of the Atlantic” 
  • F.D. Schild LL.M MA, “EC Development Policy”
Current PhD theses under supervision of Professor C. Hillion
  • L.B. Louwerse LL.M, MA “Discourse on the Rule of Law in the Context of the External Relations of the European Union”
  • N.F. Idriz LL.M, "The hierarchy of norms in the EU primary law and its implications on the law of the EU enlargement"
Subprogram: The protection of fundamental rights in an integrated Europe
Coordinator: Prof.dr. R.A. Lawson

This subprogram focuses on the protection of fundamental rights and freedoms in an integrated Europe. In adopting this perspective, it will not be primarily concerned with the concrete interpretation given these norms by such institutions as the European Court of Human Rights (ECHR). The principle concern is the influence exercised by the process of European integration on the effective observance of these rights and freedoms, as well as on the way in which supranational surveillance of such observance takes shape.

The process of European integration raises many extremely-important issues regarding the protection of fundamental human rights. Is the observance of these rights assured now that more authority has been transferred to the European Union and that regulation of ever more areas of policy (such as criminal law, migration and international private law) now exists at the EU level? Or does, in fact, the development of Community rules (such as the 'four freedoms' and the principle of non-discrimination) increase the possibility that human rights will be realised? To what extent can and must the EU monitor the observance of human rights at the national level? Which organisation – the Council of Europe or the European Union – will have primacy in monitoring the observance of human rights in Europe? What associated role is played by the fact that the ECHR is overtaxed, while the European Court of Justice struggles with a great deal of work pressure? Does not the fact that various organisations (such as the Council of Europe and the European Union) and various institutions (such as the ECHR and the anti-torture committee CPT) are concerned with the protection of human rights implicitly bear the risk of promoting overlapping and divergent criteria? How effective is the process of monitoring in situations where integration falters, such as in Chechnya and other no go-areas in Europe?

Of course, the process of European integration does not occur in a vacuum. On the one hand, there is the international legal order of which European law is a part; on the other, there are the member states in which human rights must, in fact, be given form and on which the foundations of European integration must ultimately be based. How does the legal development in Europe relate to law-making at the international and national levels? How are European human rights interwoven into the national legal order (particularly the one in the Neherlands), and to what extent is that process reinforced or disrupted by the EU?

The choice for this specific project is undoubtedly inspired by current events, but it is, at the same time, closely related to a long and rich tradition of 'Leiden' research.
Current PhD theses under supervision of Professor R.A. Lawson
  • mr. M. Hagens, “Combating Torture: The CPT's Contribution to the Development of International Law and its impact on Domestic Practice”
  • S. Wijte, ”The Concept of Positive Obligations under ECHR" (samen met promotor prof. F. van Hoof)
  • E. Yarsuvat, "The Impact of the ECHR on the Protection of Fundamental Rights in Turkey"