Mutual Trust and Human Rights in the AFSJ: In Search of Guidelines for National Courts

e-Journal

Table of Contents: I. Introduction. – II. Protection of fundamental rights in the EU: opinion 2/13 of the CJEU. – III. Case-law of the CJEU and the European Court of Human Rights. – III.1. Civil and commercial cooperation. – III.2. Child abduction: The Hague Convention on Child Abduction and Regulation 2201/2003. – III.3. Common European Asylum...

Horizontal Federalism, Mutual Recognition and the Balance Between Harmonization, Home State Control and Host State Autonomy

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Table of Contents: I. Introduction. – II. Horizontal federalism in the US. – II.1. Full faith and credit. – II.2. Extradition. – II.3. Interstate commerce. – II.4. Interstate compacts. – III. Horizontal federalism in the EU: mutual recognition. – III.1. Constitutional principle by accident? – III.2. Apogee and after. – III.3. Mutual recognition...

Rebuttal of Mutual Trust and Mutual Recognition in Criminal Matters: Is ‘Exceptional’ Enough?

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Table of Contents: I. Introduction. – II. The conditionality of mutual trust in EU criminal law. – II.1. From presumption to conditionality. – II.2. The fundamental right’s condition for mutual trust in criminal matters. – II.3. Condition without control? – III. “Trust is good, control is better”: the judicial refutability of mutual trust. – IV...

On a Collision Course! Mutual Recognition, Mutual Trust and the Protection of Fundamental Rights in the Recent Case-law of the Court of Justice

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Table of Contents: I. Introduction. – II. Mutual recognition and mutual trust: unattainable stars in the sky? – III. Set on a collision course: the limits of mutual recognition and mutual trust. – IV. Meteor approaching! Fundamental rights and the European arrest warrant. – V. Set on a collision course: from N.S. to the recent case-law...

Reflections on EU Legitimacy and Governing

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Table of Contents: I. Introduction. – II. A missing piece: throughput legitimacy. – III. Issues of representation.

Abstract: Carol Harlow provides us with a nuanced and sophisticated assessment of the development of the EU’s formal lawmaking processes and their legitimacy implications. She...

Bottom-up Salvation? From Practical Cooperation Towards Joint Implementation Through the European Asylum Support Office

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Table of Contents: I. Introduction. – II. “Support is our mission”: a critical assessment of EASO’s mandate and resources. – II.1. EASO’s mandate: areas of involvement and limitations. – II.2. EASO’s resources: a paper tiger? – III. Operational support: from expert consultants towards an integrated EU administration? – III.1. EASO operational...

Representing the People vs Channelling Them: Constitutional Niceties in an Age of Instant Democratic Gratification. Episode 2: The Supreme Court

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Table of Contents: I. The Brexit Judgment. – II. The role of Parliament in Brexit. – III. Conclusion.

Abstract: On 24 January 2017, the Supreme Court of the United Kingdom has decided that the Prime Minister of the United Kingdom cannot serve notice under Article 50 TEU that the UK wishes to leave...

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European Forum

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Forum Européen

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Forum europeo

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Foro Europeo