Possibilities and Challenges of the EEA as an Option for the UK After Brexit

e-Journal

Table of Contents: I. The EEA as an alternative post-Brexit? – II. Approaching the challenge of dynamic homogeneity. – III. Legislative sovereignty. – IV. Judicial sovereignty. – V. Changes in the EU Treaties. – VI. Conclusions.

Abstract: During the period leading to the actual Brexit, the UK will have to negotiate new arrangements for...

Respondent Status and Allocation of International Responsibility Under EU Investment Agreements

e-Journal

Table of Contents: I. Setting the scene. – II. Analysis of the legal framework set out in EU investment agreements. – III. The role of the claimant and of the arbitral tribunal: is there a possibility to set aside the determination of the respondent made by the EU? – IV. The regulation on financial responsibility. – V. Conclusions.

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The Charter of Fundamental Rights in the Context of International Instruments for the Protection of Human Rights

e-Journal

Table of Contents: I. Introduction. – II. The role of the ECHR in the interpretation of the Charter. – III. The role of international instruments other than the European Convention. – IV. The interpretation given by the relevant treaty body. – V. The effects of international instruments on the level of protection.

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Welfare Markets and the Democracy of European Integration

e-Journal

Abstract: Since 2009, austerity and the pressure for decreasing public spending in Europe have strongly targeted welfare services such as transport, healthcare, social services, culture and education, etc. In order to understand the current situation of welfare services in Europe today, one must take a step back and look at the broader development...

Enforcing the Rule of Law in the EU. In the Name of Whom?

e-Journal

Astonishment seized Europe when, at the beginning of October 2016, Viktor Orban organised a referendum that explicitly aimed at violating EU law. On Thursday 27 October, the three-month deadline the Commission had imposed upon Poland to address what it saw as systemic threats against the rule of law in the country, expired.[1]...

Openness Towards European Law and Cooperation with the Court of Justice Revisited: The Bundesverfassungsgericht Judgment of 21 June 2016 on the OMT Programme

e-Journal

Table of Contents: I. Introduction. – II. The evolving relationship between the German Federal Constitutional Court and the CJEU under the ultra vires review. – III. The FCC criticism of the CJEU’s legal reasoning. – IV. The legal effects of the CJEU’s preliminary rulings.

Abstract: The...

Brexit Referendum: Beginning of the End or Just a Turning Point?

News, e-Journal

The basic facts are well known by now. On 23 June 2016 the voters, by a slim majority, decided that the United Kingdom (UK) should leave the European Union. This has been a major earthquake with political and economic aftershocks going beyond the white cliffs of Dover. They are destined to continue for months, if not years. For the first time in history of the European...

Minimalist Reflections on Europe, Refugees and Law

News, e-Journal

Table of Contents: I. Stilo antico. – II. Perfect storm. – III. Tunnel. – IV. NATO. – V. Weakness. – VI. Deal. – VII. Womenandchildren.

Abstract: It is hard to understand the current developments in European refugee law without the benefit of hindsight. This paper refrains from trying to...

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European Forum

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Forum Européen

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Forum europeo

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