- 656 views
Tackling Migration Externally Through the EU Common Foreign and Security Policy: A Question of Legal Basis
- 813 views
Table of Contents: I. Introduction. – II. Background: setting CFSP/CSDP missions on migration. – III. CFSP/CSDP missions versus AFSJ instruments. – III.1. Competence question. – III.2. Institutional implications for decision–making procedures. – III.3. ECJ competences and judicial protection. – IV. The ECJ doctrine on the choice of the appropriate...
The Value of Democracy in EU Law and Its Enforcement: A Legal Analysis
- 1490 views
Table of Contents: I. Introduction. – II. Democracy as a value of EU Law. – II.1. The development of the value of democracy in the European Union – II.2. The value of democracy in art. 2 TEU and the Copenhagen criteria – III. The value of democracy beyond art. 2 TEU. – III.1. Right to vote and to stand as a candidate – III.2. Art. 10 TEU – III.3....
The Activities of Frontex on the Territory of Third Countries: Outsourcing Border Controls Without Human Rights Limits?
- 1007 views
Table of Contents: I. Introduction. – II. The establishment of the European Border and Coast Guard. – III. The enhancement of the Agency’s mandate. – III.1. The conferral of executive powers on the Agency’s staff. - III.2. The emergence of a supervisory role. – IV. Cooperation with third countries in the framework of the European Border and Coast...
The Ne Bis in Idem Principle in the Age of Balancing
- 866 views
Table of Contents: I. Dual-track proceedings and the current scope of protection. – II. The need for a clear notion of “idem”. – III. The “sufficiently close connection in substance and time”: ECtHR case-law post A and B v Norway. – IV. The “sufficiently close connection in substance and time”: the unspoken balancing act engaged in by the...
EU Member States’ Responsibility Under International Law for Breaching Human Rights When Cooperating with Third Countries on Migration: Grey Zones of Law in Selected Scenarios
- 1241 views
Table of Contents: I. Setting the scene. – II. Challenges of EU Member States’ extraterritorial border management measures in select scenarios. – III. Allocating international responsibility of EU Member States for their extra-territorial border management activities: Twilight zone. – III.1. First scenario: Activities carried out by EU Member States...
The EU Green Deal and the Transformations of the European Administrative System: Does the 'Epistemic Leadership' of the Scientific Advisory Board Push the Agency Model over the Sunset Boulevard?
- 1160 views
Table of Contents: I. Setting the scene. – II. The (more than) discreet charm of EU agencies. – III. The evolution of the European regulatory space: the EU Green Deal as a transformative project. – IV. The European Environment Agency within the institutional architecture of the Green Deal: role and functions. – V. The EU Scientific Advisory Board on...
European Forum (European Papers, Vol. 8, 2023, No 2)
- 656 views
Insights and Highlights
Giulio Fedele, A Country, but not a State? The Apparent Paradox of International Statehood in Case C-632/20...
The Externalisation of EU Migration Policies in Light of EU Constitutional Principles and Values: Reconciling the Irreconcilable? An Introduction to the Special Section
- 1027 views
Abstract: In recent years, the European Union (EU) has substantially intensified its activities directed at externalising border/migration management towards the territories of third countries. This specific model of EU migration management is often realized at the expense of democratic scrutiny, judicial supervision, transparency and, most...
EU External Cooperation on Migration: In Search of the Treaty Principles
- 768 views
Table of Contents: I. Introduction. – II. The EU Treaty as guidance for rule of law, democracy and fundamental rights. – II.1. Constitutionalisation of the EU values. – II.2. Guidance for the Member States. – II.3. Guidance for the EU. – II.4. Guidance for the external dimension of EU action. – III. External dimension of EU asylum and migration...