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The Harmonisation of National Legal Systems

Strategic Models and Factors

Antonios E. Platsas

This book offers a novel perspective on the leading concept of harmonisation, advocating the mutual benefits and practical utility of harmonised law. Theoretical models and factors for harmonisation are explored in detail. Antonios E. Platsas acknowledges a range of additional factors and presents harmonisation as a widely applicable and useful theory.
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Antonios E. Platsas

Chapter 1: background information and the parameters of the book’s proposed analysis are offered in this chapter. In particular, the chapter defines relevant concepts, proceeds with the analytical strategic parameters for the models and factors, which are to follow, and attempts to familiarise the reader with the book’s overall subject matter.

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General model of incorporating harmonised law

Strategic Models and Factors

Antonios E. Platsas

Chapter 2: a general model of harmonisation of legal systems is proposed in the second chapter. This is a model which caters for the more formal element of harmonised norm to be transposed and implemented in the domestic sphere. The model is thus concerned with instruments of law, which necessitate formal changes with minor effect upon domestic law. However, the possibility of use of this model does not preclude the parallel usage of the specific model, which follows. Furthermore, the use of the general model does not preclude the parallel usage of the factors proposed later in the book.

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Specific model of incorporating harmonised law

Strategic Models and Factors

Antonios E. Platsas

Chapter 3: a specific model of harmonisation is proposed in the third chapter. The chapter’s analytical model caters either for constitutional changes in the domestic sphere or major changes in other substantive areas of domestic law by virtue of harmonised law. The model proceeds on the basis that legal restructuring(s) (anacatataxis/es) will be caused in the legal system in those areas affected by harmonised law. This being the case, the need to deploy specific solutions for specific issues of incorporation of harmonised law is taken to be essential. The model can operate in conjunction with the general model and/or the other factors proposed in the analysis.

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Antonios E. Platsas

Chapter 4: the comparative factor in the process of incorporating harmonised norms is dealt with in this chapter. The proposed factor suggests that the national authorities may refer to comparative implementation and transposition material from relevant and affiliated jurisdictions as a matter of convenience and practicality.

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Antonios E. Platsas

Chapter 5: the socio-legal factor in the process of incorporating harmonised norms is dealt with in this chapter. Although a system may deviate to a certain extent from the strict application of a harmonised norm in the domestic sphere, when socio-legal considerations are found to be genuinely relevant, the factor does not allow the legal system to use the factor strategically, so that it refuses or negates the effect of the harmonised norm to be incorporated, as affirmation from a supervising extra-national authority must in any case be granted in the process of applying the factor.

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Conclusions: a few thoughts

Strategic Models and Factors

Antonios E. Platsas

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Antonios E. Platsas

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Introduction to the Factors

Strategic Models and Factors

Antonios E. Platsas