Art. 50 TEU: A Well-Designed Secession Clause

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Table of Contents: I. Introduction. – II. The problem of unilateral secession and withdrawal. – III. Does the right to unilateral secession/withdrawal matter? – IV. The EU’s unity in withdrawal negotiations. – V. The not-so-unilateral character of withdrawal under Art. 50 TEU. – V.1. Obligation to promptly activate the withdrawal procedure. – V.2....

“Clash of Titans 2.0”. From Conflicting EU General Principles to Conflicting Jurisdictional Authorities: The Court of Justice and the Danish Supreme Court in the Dansk Industri Case

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Table of Contents: I. Introduction. – II. The Danish Supreme Court’s reasoning. – III. The ‘selective’ supremacy of EU law according to the Danish Supreme Court: is it time to reaffirm Costa v. ENEL? –  IV. The horizontality of the EU Charter of Fundamental Rights. – V. Conclusion. 

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Aleksei Petruhhin: Extradition of EU Citizens to Third States

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Table of Contents: I. Introduction. – II. Facts and legal background of the case. – III. Extradition of an EU citizen to a third State in light of Art. 18 TFEU. – III.1. Introduction. – III.2. Does extradition of EU citizens to third States on a basis of a bilateral agreement with the Member State fall within the EU law domain? – III....

Europe and Syria: Diplomacy, Law and War

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Table of Contents: I. Introduction. – II. A growing fascination with armed force. – III. Reviving the art of peace through law – IV. Conclusion.

Abstract: The conflict in Syria is entering its sixth year with no clear end in sight. EU Member States have a choice – continue or even escalate...

The Council v. Front Polisario Case: The Court of Justice’s Selective Reliance on International Rules on Treaty Interpretation (Second Part)

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Table of Contents: I. Introduction. – II. The Front Polisario judgment. – III. The Court’s reliance on international rules on treaty interpretation. – III.1. General observations on the Court’s method of treaty interpretation: the Court and the “crucible” approach to treaty interpretation. – III.2. The Court’s reliance on the right to self-...

The Child’s Right to Be Heard in the Brussels System

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Table of Contents: I. Introduction. – II. Child’s right to be heard in human rights treaties. – III. Child’s right to be heard in the Brussels IIa Regulation. – IV. Child’s right to be heard in Member States’ procedural laws. – V. Child’s right to be heard in the Brussels IIa Recast Proposal. – VI. Conclusions.

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On the Content and Scope of National and European Solidarity Under Free Movement Rules: The Case of Golden Shares and Sovereign Investments

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Table of Contents: I. Introduction. – I.1. Structure and aims of the analysis. – I.2. Public services, strategic industries and socio-economic protectionism: solidarity within the EU and the scope of free movement rules vis-à-vis EU and non-EU investors. – II. Intra-EU investments and golden shares. – II.1. Public services, social...

Mutual Recognition and Mutual Trust: Reinforcing EU Integration? Introduction

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Abstract: Throughout the years the principle of mutual recognition and the underlying principle of mutual trust have greatly contributed to the EU integration process. The recent migration and terrorist crises that have stroke the Union and its Member States with full force have placed the individual and the respect for fundamental rights in the...

Regulatory Trust in EU Free Movement Law: Adopting the Level of Protection of the Other?

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Table of contents: I. Introduction. – II. The constitutional life of mutual trust. – III. Of regulatory trust and mutual recognition. – III.1. Clarifying the invisibility of mutual trust. – III.2. The normativity of regulatory trust. – IV. Adopting or rejecting the level of protection of the other. – IV.1. Mutual recognition and the conundrum...

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European Forum

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Forum Européen

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Forum europeo

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