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European Papers is pleased to announce that its Issue No 2 in the Volume 7, 2022 is now available on-line....
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European Forum - Latest Insights and Highlights
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European Papers is glad to announce the publication of the following Insights and Highlights on the...
EP-JMN Conference - "Are the EU Member States Still Sovereign States Under International Law?" (15-16 December 2022) – Sapienza University of Rome
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European Papers is pleased to announce that the European Papers Jean Monnet Network ...
European Papers - A Journal on Law and Integration, Vol. 7, 2022, No 1
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European Papers is pleased to announce that its Issue No 1 in the Volume 7, 2022 is now available on-line....
European Forum Call for Papers: Special Focus on 'The Russian War Against Ukraine and the Law of the European Union'
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After only a few weeks, it has become clear that the war waged by the Russian Federation against Ukraine is reshaping not only the landscape of international relations, but also the European Union. Beyond the tragic devastation, suffering and loss of human life, legal questions abound. Other fora have extensively focused on the international law aspects of this severe crisis...
Latest Insights and Highlights on the European Union and the European Integration
Disorder and Discipline: The ECB’s Transmission Protection Instrument
Insight
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Abstract: In the asymmetric Economic and Monetary Union “market discipline” has played an important and controversial role to compensate for the weakness of the legal framework as regards fiscal affairs. Both as an empirical matter of market behaviour and as a matter of the “no bail-out” clauses of arts 123 and 125 TFEU being effectively undermined...
The EU General Court's 2022 Intel Judgment: Back to Square One of the Intel Saga
Insight
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Abstract: The latest judgment of the General Court in the Intel case annulled the EU Commission’s decision from 2009 imposing a €1.06 billion fine on Intel for abusing its dominant position by offering fidelity rebate schemes (case T‑286/09 Intel v Commission ECLI:EU:T:2022:19). The judgment reaffirms the application of an “effects...
The European Commission’s Instrumentalization Strategy: Normalising Border Procedures and De Facto Detention
Insight
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Abstract: The global reform of the EU migration policy envisaged in the New Pact on Migration and Asylum is stalling. The increased number of arrivals from Belarus gave the European Commission the opportunity to change its approach in attempting to reform the European migration management. The Belarus crisis, influenced by the active involvement of...
Decentralized Finance and EU Law: The Regulation on a Pilot Regime for Market Infrastructures Based on Distributed Ledger Technology
Insight
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Abstract: The decentralized issuance of financial instruments is presently problematic under EU law. This situation will change with the entry into force of the Regulation on a pilot regime for market infrastructures based on distributed ledger technology. The Regulation provides for a regulatory sandbox – the pilot regime – that market operators...
Protecting Borders or Individual Rights? A Comparative Due Process Rights Analysis of EU and Member State Responses to ‘Weaponised’ Migration
Insight
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Abstract: In recent years the EU and its Member States have claimed to be increasingly targeted by “weaponised” migration. Due to the contemporary sensitivity of migration-related issues in the EU, neighbouring states are supposedly using the threat of increased migration to force the Union’s hand in other policy areas. Below, several recent...
Schengen Reform: ‘Alternatives’ to Border Controls to Curb ‘Secondary Movements’
Insight
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Abstract: A series of challenges and crises have highlighted the deficits of the ‘Schengen Αrea’ both regarding its external and internal borders. This resulted in the undermining of trust between the Member States which is essential to sustain an area free from internal borders. Thus, the EU Commission presented in December 2021 new rules to...
L’effettività del cd. 'regolamento di blocco' tra coercizione straniera e libertà di impresa: la Corte di giustizia si pronuncia nel caso Bank Melli Iran
Insight
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Abstract: On 21 December 2021, the Court of Justice decided the case Bank Melli Iran v Telekom Deutschland GmbH (case C-124/20, ECLI:EU:C:2021:1035), relating to the interpretation of Regulation 2271/96 protecting against the effects of extraterritorial application of legislation adopted by a third country, better known as the “blocking...
The Curious Incident of the ‘State Aid’ Granted by an International Arbitral Tribunal
Insight
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Abstract: In case C-638/19 P Commission v European Food ECLI:EU:C:2022:50, the Grand Chamber of the Court of Justice of the European Union held that the Commission was competent to assess the compatibility of State aid granted as a consequence of an arbitral award issued against Romania by a tribunal established under a bilateral investment...
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