“Self-determination at the European Courts: The Front Polisario Case” or “The Unintended Awakening of a Giant”

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Table of Contents: I. Introduction. – II. Some factual elements of the Western Sahara dispute. – III. The Association Agreement and the proceeding before the General Court in the Case T-512/12. – IV. The Court of Justice judgment of 21 December 2016. – V. The right to self-determination and the Front Polisario case. – VI....

Exercises in Legal Acrobatics: The Brexit Transitional Arrangements

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Table of Contents: I. Introduction. – II. Art. 50 TEU: does it provide for a transitional arrangement? – III. Art. 50 TEU as a transition. – IV. Tailor-made transitional arrangement. – IV.1. Introduction. – IV.2. Where to regulate a transitional arrangement? – IV.3. Institutional and substantive aspects of a tailor-made transitional arrangement. – V...

Explaining the EU’s Legal Obligation for Democracy Promotion: The Case of the EU-Turkey Relationship

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Table of Contents: I. Introduction. – II. The “democracy” in EU democracy promotion. – III. The EU-Turkey relationship. – IV. Analysing democracy promotion in the EU-Turkey relationship. – IV.1. Positive/express democracy promotion. – IV.2. Negative/express democracy promotion. – IV.3. Positive/implied democracy promotion. – IV.4. Negative/implied...

Winter Is Coming. The Polish Woodworm Games

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The political developments in Poland, which took place in course of the past two years, have brought very chilling eastern winds to Brussels. In a relatively short period of time, one of the success stories of economic (and seemingly of political) transformation and the EU enlargement policy has become a pariah and a tough cookie to crack for the many across Europe. The...

Front Polisario: A Step Forward in Judicial Review of International Agreements by the Court of Justice?

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Table of Contents: Preliminary remarks: judicial review of international agreements between self-restraint and judicial activism. – II. The decision of the General Court in Front Polisario and the procedural approach. – III. The substantive approach in the decision of the Court of Justice in Front Polisario. – IV....

Integration in European Defence: Some Legal Considerations

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Table of Contents: I. Introduction. – II. Reasons for the inclusion of EDU provisions in the Lisbon Treaty and their rationale. – III. Legal considerations. – III.1. The options. – III.2. Establishment of Permanent Structured Cooperation. – III.3. Functioning. – III.4. Purpose. – III.5. Funding. – IV. Conclusion.

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Opinion 1/15: The Court of Justice Meets PNR Data (Again!)

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Table of Contents: I. Introduction. – II. Legal and factual background. – III. Opinion of AG Mengozzi. – IV. Opinion of the Court of Justice. – V. Analysis. – VI. Conclusion. 

Abstract: This Overview considers Opinion 1/15 of 26 July 2017 of the Court of Justice on the EU-Canada...

Foreword

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In an earlier issue, European Papers hosted a comment by Eva Kassoti on the Court of Justice’s decision in case C-104/16 P, Council of the European Union v. Front Polisario.

The comment has triggered a number of reactions, some of which requesting that the critical points it made be counterbalanced by different views. Aware of the...

Pages

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European Forum

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Forum Européen

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Forum europeo

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Foro Europeo