e-Journal
- 2204 views
European Institutions Acting Outside the EU Legal Order: The Impact of the Euro Crisis on the EU’s 'Single Institutional Framework'
e-Journal
- 2539 views
Table of Contents: I. Introduction. – II. The case of the ESM: why the Eurozone’s governance does not question the unity of the EU institutional framework. – II.1. The establishment of the ESM. – II.2. The institutional functioning of the ESM. – III. The impact of tasks entrusted to the EU institutions under the ESM on the institutional equilibrium...
The EU’s Shifting Borders Reconsidered: Externalisation, Constitutionalisation, and Administrative Integration
e-Journal
- 4713 views
Table of Contents: I. EU’s shifting borders: an introduction. – II. Protecting borders and respecting human rights. – II.1. How to reconcile diverging constitutional objectives in light of hybridity and informality? – II.2. Which way forward with accountability? – III. EU’s external borders: of administrative integration and the physical and legal...
The External Dimension of the EU Immigration and Asylum Policies Before the Court of Justice
e-Journal
- 3225 views
Table of Contents: I. Introduction. – II. Quantitative analysis and scope of judicial competence in the external dimension of EU immigration and asylum policies. – III. Substantive inputs from the Court of Justice’s case-law on the external dimension of EU immigration and asylum policies. – IV. What is the Court of Justice’s role in this external...
Judicial Interactions on the European Return Directive: Shifting Borders and the Constitutionalisation of Irregular Migration Governance
e-Journal
- 3100 views
Table of Contents: I. Introduction. – II. “Immigration courts as border zones”: courts and judicial interactions in the field of irregular migration. – III. ”Is it a crime to be a foreigner?”: courts reconfiguring the borders between criminal law and the return directive. – IV. Detention as a tool to “reconfigure and relocate national borders”:...
The Next Phase of The European Border and Coast Guard: Responsibility for Returns and Push-backs in Hungary and Greece
e-Journal
- 4299 views
Table of Contents: I. Introduction. – II. Agencies and agencification. – III. Engagement in Greece in light of push backs and suspension of asylum law. – IV. Involvement at the Hungarian-Serbian border. – V. Expanding competences. – V.1. Standing corps of 10.000 border guards. – V.2. Returns. – VI. Responsibility implications. – VI.1. Liability in...
Frontex’s Consultative Forum and Fundamental Rights Protection: Enhancing Accountability Through Dialogue?
e-Journal
- 5970 views
Table of Contents: I. Introduction. – II. Theoretical framework. – III. Frontex’s bumpy road towards fundamental rights protection. – IV. The Consultative Forum’s contribution to Frontex’s accountability. – IV.1. Political accountability. – IV.2. Legal accountability. – IV.3. Administrative accountability. – IV.4. Social accountability. – V....
Fundamental Rights Violations in the Hotspots: Who Is Watching over Them?
e-Journal
- 2931 views
Table of Contents: I. Introduction. – II. Shedding the light on the hotspots approach: legal framework and actors. – II.1. Legal and policy framework of the hotspots. – II.2. Main actors involved in the hotspots. – III. The fundamental rights violations in the hotspots and their reporting. – III.1. Which fundamental rights are being violated? – III....
The EU Readmission Policy to the Test of Subsidiarity and Institutional Balance: Framing the Exercise of a Peculiar Shared Competence
e-Journal
- 2537 views
Table of Contents: I. Introduction. – II. Subsidiarity. – II.1. Subsidiarity and the exercise of the Union’s external competences. – II.2. The Union’s readmission policy to the test of subsidiarity. – III. Institutional balance. – III.1. Institutional balance in the area of readmission according to the Treaties. – III.2. The Union’s readmission...
Proportionality in the PSPP Saga: Why Constitutional Pluralism Is Here to Stay and Why the Federal Constitutional Court Did not Violate the Rules of Loyal Conduct
e-Journal
- 4142 views
Table of Contents: I. Introduction: when European and constitutional law collide. – II. Constitutional pluralism and the idea of an appeal court. – III. From Karlsruhe to Luxembourg and back: OMT and PSPP. – IV. The many faces of proportionality. – V. Proportionality in the PSPP decision of the FCC. – VI. Discussion. – VII. Conclusion: a...
