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European Papers - A Journal on Law and Integration, Vol. 7, 2022, No 3
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European Papers is pleased to announce that its Issue No 3 in the Volume 7, 2022 is now available on-line....
European Papers - Forthcoming in the Next Issues of the e-Journal
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European Papers is glad to announce the publicaton of the following contributions in the next issues of the e-Journal.
...European Papers - A Journal on Law and Integration, Vol. 7, 2022, No 2
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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....
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 ...
Latest Insights and Highlights on the European Union and the European Integration
Putting Limits on Judicial Creativity: AG Kokott’s Opinion in Commission v CK Telecoms
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Keywords: SIEC – non-collusive oligopoly gap – standard of proof – Advocate General – UPP test – horizontal mergers.
On 20 October 2022, Advocate General (AG) Kokott delivered her Opinion in Commission v CK Telecoms.[1] This constitutes a major recent development in the...
PL Holdings case: The Investor Ordered to Pay the Expropriating State's Costs, a New Consequence of Achmea
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Abstract: In the Swedish Supreme Court's epilogue to the PL Holdings case, the expropriated company lost all its claims against Poland, which had expropriated it. Applying the case law of the Court of Justice of the European Union (CJEU) on intra-European investment arbitration, the Supreme Court did not merely invalidate the ad hoc...
Simple Abstention and Constructive Abstention in the Context of International Economic Sanctions: Two Too Similar Sides of the Same Coin?
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Abstract: Constructive abstention, provided for in art. 31(2) TEU, has been conceived of as an instrument applicable to CFSP acts. As art. 215 TFEU establishes an integrated regime in which CFSP decisions and TFEU regulations are interdependent on each other, the issue arises as to whether the scope of constructive abstention can be extended to...
Digital Markets Act (DMA): A Consumer Protection Perspective
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Keywords: Digital Markets Act – DMA – consumer protection – EU consumer law – fairness – digital law.
In December 2020, the European Commission proposed a new set of rules in a long-anticipated package falling in line with the European Digital Strategy.[1] The landmark digital...
The Court of Justice Finally Rules on the Analogical Application of Art. 351 TFEU: End of the Story?
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Keywords: article 351 TFEU – prior agreements – Member States international obligations – treaty conflict – conflict clause – analogical application.
As is well-known, art. 351 TFUE is a so-called conflict clause within the meaning of art. 30(2) of the Vienna Convention of the Law of Treaties. Conflict rules are common...
The Court of Justice and the Assessment of Double Criminality Under the European Arrest Warrant Framework Decision: KL
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Abstract: The Court of Justice provided a comprehensive interpretation of the dual criminality requirement under Framework Decision 2002/584/JHA when it handed down its judgment in the KL judgment (case C-168/21 Procureur général près la cour d’appel d’Angers ECLI:EU:C:2022:558). The case at hand raised three intertwined legal...
Adapting Competition Law to the Digital Transition. Two Challenges
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Abstract: The European responses to the COVID-19 outbreak have triggered an ongoing review process of competition rules and enforcement procedure to support the Union’s priorities. In this context, the European Commission published the Communication ‘A Competition Policy Fit for New Challenges' with the aim of underlining the ability of competition...
Disorder and Discipline: The ECB’s Transmission Protection Instrument
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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...
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