The Ne Bis in Idem Principle in the Age of Balancing

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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...

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?

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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...

The Externalisation of EU Migration Policies in Light of EU Constitutional Principles and Values: Reconciling the Irreconcilable? An Introduction to the Special Section

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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

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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...

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

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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 Activities of Frontex on the Territory of Third Countries: Outsourcing Border Controls Without Human Rights Limits?

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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...

Tackling Migration Externally Through the EU Common Foreign and Security Policy: A Question of Legal Basis

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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...

Introduction: Future-proof Regulation and Enforcement for the Digitalised Age

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Abstract: This Special Section is devoted to assessing whether core areas and core values of European law are future-proof (and how they could or should be made future-proof) in light of developments in terms of digitalisation and technological innovation. It is the result of a joint project of researchers at the Utrecht Centre for Regulation and...

Internal Market 3.0: The Old 'New Approach' for Harmonising AI Regulation

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Table of Contents: I. Introduction. – II. The evolution of the “New Approach” to harmonisation in the EU: setting the scene. – II.1. The “New Approach” to technical harmonisation. – II.2. The Digital Single Market. – III. Harmonisation in the Draft AI Act: old wine in a new bottle, or new wine? – III.1. Risk-based approach of the Draft AI Act. – III...

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European Forum

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Forum Européen

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Forum europeo

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