Table of Contents: I. Introduction. – II. Fundamental freedoms and fundamental rights in EU law. – III. Comparability of the case law of the Court of Justice and the US Supreme Court on conflicts of rights. – IV. Criticisms related to the Court of Justice case law. – IV.1. Hierarchy. – IV.2. Balancing by the Court of Justice. – IV.3. Fundamental...
Table of Contents: I. Introduction. – II. Pluralistic constitutional pluralism? Disaggregating constitutional pluralism. – II.1. Strategic pluralism. – II.2. Pluralistic federalism. – II.3. Judicial pluralism. – II.4. Pluralistic pluralism or pluralistic federalism? – III. The empirical shock: the second and the third European transformations. – III...
Abstract: This Introduction guides the reader through the special section "Social Integration in EU Law: Contents, Limits and Functions of an Elusive Notion". The Authors underline the multi-faceted essence of this concept, which has both an integrative potential and a defensive function. Social integration is closely connected to the...
Table of Contents: I. Introduction. – II. Acts relating to immigration policy. – II.1. Directive 2003/109 on long-term residents. – II.2. Directive 2003/86 on family reunification. – III. Acts relating to asylum policy. – III.1. The Dublin Regulation. – III.2. The Qualifications Directive. – IV. Acts relating to free movement of persons. – IV.1....
Table of Contents: I. Introduction. – II. Explaining the paradox: The historical limitations on European “social integration” as a counter-balance to the internal market. – II.1. The traditional European/national divide in the economic/social dichotomy: social progress as a by-product of economic integration. – II.2. Expanding the market freedoms...
Table of Contents: I. Introduction. – II. Brexit and loss of citizenship. – II.1. The matrix of loss of citizenship. – II.2. Citizens’ rights protected in the withdrawal agreement. – III.3. The home State ransom and the fragility of supranational citizenship. – III. Citizenship protection between home and host State. – III.1. Checks on the home...
Table of Contents: I. Introduction. – II. Union citizenship as a status of integration: being and time and the passive citizen. – III. The reactive turn: the indigent and the criminal and the absence of integration – III.1. Economic activity and access to social benefits. – III.2. Crime and integration. – IV. Qualitative criteria of integration and...
Table of Contents: I. Introduction. – II. Economic and social rights equal to those of nationals. – III. Cases where discrimination between refugees and nationals, or between those respectively granted refugee status and subsidiary protection status on social and economic grounds, is allowed. – IV. The case of discriminatory residence-related...
Table of Contents: I. La previsión de Habermas. – II. La estabilidad del mundo de la vida como condición. – III. Foucault y el neoliberalismo como solución. – IV. La previsión kantiana. – V. La imposibilidad de un escenario schmittiano.
Abstract: In the framework of his theory of social evolution,...
Abstract: The Articles that form part of this Special Section propose four readings of "crisis" across various problem areas in European Union law and governance (financial and debt, migration, nationalism and populism) towards possible ways of crisis resolution. As guest editor of this Special Section (in two parts), I read the...
Table of Contents: I. Introduction. – II. We are one, but we are not the same. The Mallis case and the accountability of the Eurogroup and the Board of Governors. – II.1. The Cypriot bail-out. – II.2. The Mallis case. – II.3. The political and legal accountability of the Eurogroup. – III. The man the authorities came to blame? The...
European Papers is pleased to announce that its Issue No 2 in the Volume 3, 2018 is now available online....
On 12 September 2018, two events occurred, both with considerable legal and political implications, and seemingly inspired by different conceptions about the role of European fundamental values and principles.
The first event is a resolution adopted by the European Parliament – on the basis of a large majority – calling upon the Council to determine...
Table of Contents: I. Introduction. – II. Institutionalising interdependence. – II.1. The institutions of interdependence. – II.2. Interdependence through law? – II.3. 1992-2019: Ever further interdependence? – III. Institutionalising contestation. – III.1. Beyond the regulatory polity. – III.2. Beyond the individual. – III.3. Beyond uniformity. –...
Table of Contents: I. Introduction. – II. Background to the dispute and the questions referred. – III. Jurisdiction: The criticism. – IV. The Court and preliminary rulings. – IV.1. Law. – IV.2. Politics. – V. Conclusion.
Abstract: The landmark decision of the Court of Justice in Rosneft (...
Abstract: The Insight addresses reverse discrimination in the field of free movement and derived residence rights for EU citizens’ family members who are third country nationals. It outlines the debate concerning the justification for differential treatment and discusses the role of the EU and the Member States in relation to reverse discrimination. While the...
Abstract: This Insight analyses the so-called PIF Directive (i.e. Directive (EU) 2017/1371 of the European Parliament and the Council of 5 July 2017 on the fight against fraud to the Union's financial interests by means of criminal law). The aim of the PIF Directive is to strengthen the protection of the financial interests of the Union and...
Abstract: The present Insight is an attempt to shed light on the Court’s findings in its Vera Egenberger judgment of 17 April 2018 (case C-414/16). For the first time, the Court interprets Art. 4, para. 2, of Directive 2000/78/EC, providing some important clarifications. Indeed, Art. 4, para. 2, establishes an exception to the general principle of...
Abstract: The case of in K and HF (Court of Justice, judgment of 2 May 2018, joined cases C-331/16 and C-366/16) turns on a very specific set of facts, namely the restriction of Union citizen’s residence rights on the basis of war crimes and crimes against humanity. Nonetheless, in its judgment the Court of Justice continues its development...
Abstract: On 7 February 2018, the General Court issued two twin judgments (T-851/16 and T-852/16) concerning requests for access to documents based on regulation 1049/2001. The two judgments added another piece to the expanding puzzle of case-law concerning access to documents held by institutions of the European Union. They developed a detailed...
