kaal:claim:617681-024

If statutes are unbundled from adjudication the judicial bias problem largely disappears, because statutes are at least facially neutral and discriminatory statutes would violate the EU treaty.

Source quote, verbatim

If on the other hand, statutes are unbundled from adjudication, this problem largely disappears because statutes are at least facially neutral

From

Christian Kirchner, Richard W. Painter, Wulf A. Kaal, Regulatory Competition in EU Corporate Law after Inspire Art Unbundling Delaware's Product for Euro (2004), D.II.1 Bounded Rationality and Incomplete Information About Judicial Bias, p. 29
https://ssrn.com/abstract=617681 · source PDF

Cite as

Christian Kirchner, Richard W. Painter, Wulf A. Kaal, Regulatory Competition in EU Corporate Law after Inspire Art Unbundling Delaware's Product for Euro (2004). SSRN: https://ssrn.com/abstract=617681

Holds when

EU law, under which discriminatory national provisions violate freedom of establishment

Classification

mechanismsupport: arguedinstitutional-design

Verify

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Attestation record: colloquium/attestations/479cb9bb8987fbbd...json
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