Maastricht Journal of European and Comparative Law
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Maastricht Journal of European and Comparative Law


Executive Editor
Thomas Biermeyer Maastricht University, Netherlands
Associate Editors
Betül Kas European University Institute, Italy
Christopher Mondschein Maastricht University, Netherlands
Language Editor
Editorial Staff
Maria Geilmann VanDoorne, Netherlands

eISSN: 23995548 | ISSN: 1023263X | Current volume: 24 | Current issue: 2 Frequency: Bi-monthly

The Maastricht Journal is a unique peer refereed journal publishing six issues per year, serving academics and legal practitioners who want to stay informed regarding developments and challenges within the Ius Commune Europaeum.

The journal publishes articles, case notes, legal debates, legal developments, commentaries and book reviews by leading academics and professionals in the areas of European and Comparative Law and covers areas of interest in both European Law and in the comparative laws of European states.

The Maastricht Journal is a unique peer refereed journal publishing six issues per year, serving academics and legal practitioners who want to stay informed regarding developments and challenges within the Ius Commune Europaeum.

The journal publishes articles, case notes, legal debates, legal developments, commentaries and book reviews by leading academics and professionals in the areas of European and Comparative Law and covers areas of interest in both European Law and in the comparative laws of European states.

The historic expansion of the European Union highlights the growing importance of both European Law and the comparison and study of the individual domestic laws of the European states. This tendency has led to an increased Europeanization of the study of law. There is a growing need to examine the common legal tradition and heritage in Europe as well as the remaining diversity. Practitioners and academics both need an effective compass to navigate this complex and evolving landscape. For more than two decades, the Maastricht Journal has served as such a device, offering clear and comprehensive analysis of issues by leading authorities in the field and developing a loyal readership throughout Europe, North America and Asia.

The Editorial Committee and Advisory Board consist of specialists in all major areas of law. They guarantee a regular coverage of the following fields:

· European public law

· European private law

· European company and labour law

· Human rights and international law

· European criminal law

· European Community law

· Legal theory and European integration

· European environmental law

The Maastricht Journal consists of contributions from leading academics in the form of:

· Articles providing an in-depth analysis of either EU or international law, or studying a particular problem from a comparative approach, and considering the issues from the perspective of the Ius Commune Europaeum.

· Case Notes of important Union and national decisions of significance in a number of countries, placing the issues in a comparative perspective.

· Legal Developments illustrating and contextualizing important developments at the EU level, such as the introduction of new EU legislation and policy changes.

· Legal Debates encompassing pieces by various authors tackling new and thought-provoking legal problems from different perspectives.

· Commentaries of contributions previously published in the Maastricht Journal.

· Book reviews covering a broad range of literature in a field of interest to the comparative or Community lawyer, and always bearing in mind the relevance of the works within the framework of the study of the common law of Europe.

Editorial Committee
Caroline Cauffman Maastricht University, Netherlands
Monica Claes Maastricht University, Netherlands
Michael Faure Maastricht University, Netherlands
Raymond Luja Maastricht University, Netherlands
Elise Muir Maastricht University, Netherlands
Phedon Nicolaides College of Europe, Belgium and Maastricht University, Netherlands
Andrea Ott Maastricht University, Netherlands
Jan M Smits Maastricht University, Netherlands
Anne-Pieter van der Mei Maastricht University, Netherlands
Advisory Board
Mark Dawson Hertie School of Governance, Germany (Berlin)
René de Groot Maastricht University, Netherlands
Bruno de Witte European University Institute, Italy
Monica den Boer College of Europe, Belgium
Albin Eser Max-Planck-Institut, Germany
Cees Flinterman Utrecht University, Netherlands
Caroline Forder VU Amsterdam, Netherlands
Vassilis Hatzopoulos University of Thrace, Greece/ College of Europe, Belgium
Aalt Willem Heringa Maastricht University, Netherlands
Jaakko Husa University of Lapland, Finland
Anselm Kamperman Sanders Maastricht University, Netherlands
Ralf Michaels Duke University, USA
Olivier Moréteau Louisiana State University, USA
Luke Nottage University of Sydney, Australia
Frans Pennings Utrecht University, Netherlands
Stephan Rammeloo Maastricht University, Netherlands
Dagmar Schiek Queen’s University Belfast, Northern Ireland, UK
Hildegard Schneider Maastricht University, Netherlands
Antoni Vaquer Aloy University of Lleida, Spain
Luc Verhey Maastricht University, Netherlands
Stefan Vogenauer University of Oxford, UK
Ellen Vos Maastricht University, Netherlands
Joseph Weiler New York University, USA
Jan Wouters KU Leuven, Belgium
Jacques Ziller University of Pavia, Italy
Reinhard Zimmermann University of Regensburg, Germany/ University of Hamburg, Germany

Manuscript Submission Guidelines: Maastricht Journal of European and Comparative Law

This Journal is a member of the Committee on Publication Ethics

Only manuscripts of sufficient quality that meet the aims and scope of Maastricht Journal of European and Comparative Law will be reviewed.

There are no fees payable to submit or publish in this journal.

As part of the submission process you will be required to warrant that you are submitting your original work, that you have the rights in the work, that you are submitting the work for first publication in the Journal and that it is not being considered for publication elsewhere and has not already been published elsewhere, and that you have obtained and can supply all necessary permissions for the reproduction of any copyright works not owned by you.

  1. What do we publish?
    1.1 Aims & Scope
    1.2 Article types
    1.3 Writing your paper
  2. Editorial policies
    2.1 Peer review policy
    2.2 Authorship
    2.3 Acknowledgements
    2.4 Declaration of conflicting interests
    2.5 Research ethics and patient consent
  3. Publishing policies
    3.1 Publication ethics
    3.2 Contributor's publishing agreement
    3.3 Open access and author archiving
  4. Preparing your manuscript
    4.1 Formatting
    4.2 Artwork, figures and other graphics
    4.3 Supplementary material
    4.4 Reference style
    4.5 English language editing services
  5. Submitting your manuscript
    5.1 Permissions
  6. On acceptance and publication
    6.1 SAGE Production
    6.2 Online First publication
    6.3 Access to your published article
    6.4 Promoting your article
  7. Further information

 

1. What do we publish?

1.1 Aims & Scope

Before submitting your manuscript to Maastricht Journal of European and Comparative Law, please ensure you have read the Aims & Scope

1.2 Article Types

The focus of the Maastricht Journal of European and Comparative Law is the ius commune Europaeum. The common law of Europe can be seen all around us in the codification of our legislation, in our language, in our legal practice and procedure, in our ideas about what law is and what a proper methodology for legal reasoning is, and in our law schools. Consequently, there exists a need to search for and examine the common roots and principles upon which European legal systems are based. The journal welcomes all forms of articles examining this topic, including articles which survey developments or review academic literature in a particular field of law. The journal also welcomes short case notes and book reviews.

1.3 Writing your paper

The SAGE Author Gateway has some general advice and on how to get published, plus links to further resources.

1.3.1 Make your article discoverable

When writing up your paper, think about how you can make it discoverable. The title, keywords and abstract are key to ensuring readers find your article through search engines such as Google. For information and guidance on how best to title your article, write your abstract and select your keywords, have a look at this page on the Gateway: How to Help Readers Find Your Article Online

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2. Editorial policies

2.1 Peer review policy

The Maastricht Journal operates a strictly blinded peer review process in which the reviewer’s name is withheld from the author and, the author’s name from the reviewer. 

2.2 Authorship

All parties who have made a substantive contribution to the article should be listed as authors. Principal authorship, authorship order, and other publication credits should be based on the relative scientific or professional contributions of the individuals involved, regardless of their status. A student is usually listed as principal author on any multiple-authored publication that substantially derives from the student’s dissertation or thesis.

2.3 Acknowledgements

All contributors who do not meet the criteria for authorship should be listed in an Acknowledgements section. Examples of those who might be acknowledged include a person who provided purely technical help, or a department chair who provided only general support.

2.3.1 Writing assistance

Individuals who provided writing assistance, e.g. from a specialist communications company, do not qualify as authors and so should be included in the Acknowledgements section. Authors must disclose any writing assistance – including the individual’s name, company and level of input – and identify the entity that paid for this assistance”).

It is not necessary to disclose use of language polishing services.

Please supply any personal acknowledgements separately to the main text to facilitate anonymous peer review.

2.4 Declaration of conflicting interests

Maastricht Journal of European and Comparative Law encourages authors to include a declaration of any conflicting interests and recommends you review the good practice guidelines on the SAGE Journal Author Gateway

2.5 Research ethics and patient consent

SAGE is committed to upholding the integrity of the academic record. We encourage authors to refer to the Committee on Publication Ethics’ International Standards for Authors and view the Publication Ethics page on the SAGE Author Gateway.

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3. Publishing Policies

3.1 Publication ethics

SAGE is committed to upholding the integrity of the academic record. We encourage authors to refer to the Committee on Publication Ethics’ International Standards for Authors and view the Publication Ethics page on the SAGE Author Gateway

3.1.1 Plagiarism

Maastricht Journal of European and Comparative Law and SAGE take issues of copyright infringement, plagiarism or other breaches of best practice in publication very seriously. We seek to protect the rights of our authors and we always investigate claims of plagiarism or misuse of published articles. Equally, we seek to protect the reputation of the journal against malpractice. Submitted articles may be checked with duplication-checking software. Where an article, for example, is found to have plagiarised other work or included third-party copyright material without permission or with insufficient acknowledgement, or where the authorship of the article is contested, we reserve the right to take action including, but not limited to: publishing an erratum or corrigendum (correction); retracting the article; taking up the matter with the head of department or dean of the author's institution and/or relevant academic bodies or societies; or taking appropriate legal action.

3.1.2 Prior publication

If material has been previously published it is not generally acceptable for publication in a SAGE journal. However, there are certain circumstances where previously published material can be considered for publication. Please refer to the guidance on the SAGE Author Gateway or if in doubt, contact the Editor at the address given below.

3.2 Contributor's publishing agreement

Before publication, SAGE requires the author as the rights holder to sign a Journal Contributor’s Publishing Agreement. SAGE’s Journal Contributor’s Publishing Agreement is an exclusive licence agreement which means that the author retains copyright in the work but grants SAGE the sole and exclusive right and licence to publish for the full legal term of copyright. Exceptions may exist where an assignment of copyright is required or preferred by a proprietor other than SAGE. In this case copyright in the work will be assigned from the author to the society. For more information please visit the SAGE Author Gateway

3.3 Open access and author archiving

Maastricht Journal of European and Comparative Law offers optional open access publishing via the SAGE Choice programme. For more information please visit the SAGE Choice website. For information on funding body compliance, and depositing your article in repositories, please visit SAGE Publishing Policies on our Journal Author Gateway.

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4. Preparing your manuscript for submission

4.1 Formatting

The preferred format for your manuscript is Word. LaTeX files are also accepted. The text should be double-spaced throughout and with a minimum of 3cm for left and right hand margins and 5cm at head and foot. Text should be standard 10 or 12 point. Word and (La)Tex templates are available on the Manuscript Submission Guidelines page of our Author Gateway.

4.2 Artwork, figures and other graphics

For guidance on the preparation of illustrations, pictures and graphs in electronic format, please visit SAGE’s Manuscript Submission Guidelines  

Figures supplied in colour will appear in colour online regardless of whether or not these illustrations are reproduced in colour in the printed version. For specifically requested colour reproduction in print, you will receive information regarding the costs from SAGE after receipt of your accepted article.

4.3 Supplementary material

This journal is able to host additional materials online (e.g. datasets, podcasts, videos, images etc) alongside the full-text of the article. For more information please refer to our guidelines on submitting supplementary files

4.4 Reference style

Footnotes

Footnotes should not be collated at the end of the article, but will be published at the foot of each relevant page. Footnotes to the title and author(s)' names should be designated as *, ** etc. Footnotes to the text should be designated as 1, 2, 3 etc. and follow any closing punctuation, e.g. …limitations are possible.¹ The asterisked footnote should give the author's position, institutional address and any brief acknowledgements if required.

For further information please see the Maastricht Journal style guide: http://www.maastrichtjournal.eu/upload/files/MJ_Stylesheet_for_Authors_2015_new.pdf 

4.5 English language editing services

Authors seeking assistance with English language editing, translation, or figure and manuscript formatting to fit the journal’s specifications should consider using SAGE Language Services. Visit SAGE Language Services on our Journal Author Gateway for further information.

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5. Submitting your manuscript

Please supply a title, short title, an abstract and keywords to accompany your article. The title, keywords and abstract are key to ensuring readers find your article online through online search engines such as Google. Please refer to the information and guidance on how best to title your article, write your abstract and select your keywords by visiting the SAGE Journal Author Gateway for guidelines on How to Help Readers Find Your Article Online 

Maastricht Journal of European and Comparative Law is hosted on SAGE Track, a web based online submission and peer review system powered by ScholarOne™ Manuscripts. Visit https://mc.manuscriptcentral.com/maas to login and submit your article online.

IMPORTANT: Please check whether you already have an account in the system before trying to create a new one. If you have reviewed or authored for the journal in the past year it is likely that you will have had an account created.  For further guidance on submitting your manuscript online please visit ScholarOne Online Help.

All papers must be submitted via the online system. If you would like to discuss your paper prior to submission, please contact the Executive Editor at: maastricht.journal@maastrichtuniversity.nl

5.1 Permissions

Please also ensure that you have obtained any necessary permission from copyright holders for reproducing any illustrations, tables, figures or lengthy quotations previously published elsewhere. For further information including guidance on fair dealing for criticism and review, please see the Copyright and Permissions page on the SAGE Author Gateway

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6. On acceptance and publication

6.1 SAGE Production

Your SAGE Production Editor will keep you informed as to your article’s progress throughout the production process. Proofs will be sent by PDF to the corresponding author and should be returned promptly.  Authors are reminded to check their proofs carefully to confirm that all author information, including names, affiliations, sequence and contact details are correct, and that Funding and Conflict of Interest statements, if any, are accurate. Please note that if there are any changes to the author list at this stage all authors will be required to complete and sign a form authorising the change.

6.2 Online First publication

Online First allows final articles (completed and approved articles awaiting assignment to a future issue) to be published online prior to their inclusion in a journal issue, which significantly reduces the lead time between submission and publication. Visit the SAGE Journals help page for more details, including how to cite Online First articles.

6.3 Access to your published article

SAGE provides authors with online access to their final article.

6.4 Promoting your article

Publication is not the end of the process! You can help disseminate your paper and ensure it is as widely read and cited as possible. The SAGE Author Gateway has numerous resources to help you promote your work. Visit the Promote Your Article page on the Gateway for tips and advice. In addition, SAGE is partnered with Kudos, a free service that allows authors to explain, enrich, share, and measure the impact of their article. Find out how to maximise your article’s impact with Kudos

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7. Further information

Any correspondence, queries or additional requests for information on the manuscript submission process should be sent to the Maastricht Journal of European and Comparative Law editorial office as follows:

Editorial Office: maastricht.journal@maastrichtuniversity.nl

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