Abstract: This Insight examines the stance the EU should adopt towards the Russian invasion of Ukraine on the basis of the political thought of Immanuel Kant, Thomas Hobbes, and Niccolò Machiavelli. Taking as its starting point Josep Borrell’s comment that “we are too much Kantians and not enough Hobbesians” at the 2022 EU Ambassadors’...
Abstract: This Insight examines the developments in the EU restrictive measures against Russia in the aftermath of the full-scale aggression in Ukraine, focusing on the novel "(g) criterion" designed to target Russian businesspersons (often referred to as Russian oligarchs). The analysis illustrates the recent litigation before the General...
Table of Contents: I. Introduction. – II. The identity of the EU and European values. – III. A constitutional moment: becoming a member of the EU. – IV. The principle of autonomy and the wider world. – V. Concluding remarks.
Abstract: This epilogue rejects the idea that the principle of autonomy is...
Table of Contents: I. Introduction. – II. Normative autonomy as the very foundation of the EU legal order. – III. Regulatory autonomy. – IV. The Energy Charter Treaty (ECT). – IV.1. Substantive tensions. – IV.2. A clash with normative autonomy? – IV.3. Limiting regulatory autonomy? – V. The reformed text of the ECT. – VI. The dark side of the EU’s...
Table of Contents: I. Introduction – II. Cultural analysis, metaphor and the imageries of project and system – III. Autonomy and project and system in EU law – III.1. The EU legal order as the ECJ's project to create a system – III.2. The EU legal order as construction and body – III.3. Autonomy as the immanent principle of EU legal order – IV. The...
Table of Contents: I. Introduction. – II. The concept of autonomy beyond a jurisdictional claim. – III. Autonomy as a source of coherence. – IV. Autonomy’s omnipresence in the case law of the Court. – IV.1. Autonomy operating visibly. – IV.2. Autonomy not explicitly mentioned but operating actively. – IV.3. Autonomy as a silent undercurrent. – V....
Table of Contents: I. Introduction. – II. The autonomy of the federal legal order in US antebellum constitutionalism. – III. Justifying legal order. – IV. Autonomy, dual federalism and the monism–dualism dichotomy. – V. Conclusion.
Abstract: This Article analyses debates in US antebellum...
Table of Contents: I. I. Introduction. – II. The law of integration. – II.1. The summa divisio of the modern law and the autonomous “sphere of intervention”. – II.2. The concept of law-making treaty and the search for a European constitution. – II.3. Jürgen Habermas and the revision of Kant’s cosmopolitan right. – III. The law of...
Table of Contents: I. Introduction. – II. Autonomy in the early theories of sovereignty. – III. A historical hypothesis: autonomy as an institutional tool. – IV. The triumph of autonomy. – V. A change of paradigm: absolute autonomy v offene Staatlichkeit. – VI. Reverse autonomy. – VII. Autonomy of the EU vis-à-vis its Member States...
Table of Contents: I. Introduction. – II. Actants. – III. The absence of brute facts. – IV. Valency. – V. Law as proliferation of power. – VI. Increasing adjudicative power. – VII. Increasing regulatory power. – VIII. Conclusion: the importance of inclusion and empowerment.
Abstract: Two...
Abstract: Jurisprudential accounts of the autonomy of EU law have struggled to offer a compelling account of its unique features. Nevertheless, I argue that Ronald Dworkin’s court-centric methodological approach is better-suited than Hartian positivism to shed light on the notion that EU law is autonomous. This is because most questions about the...
Table of Contents: I. Introduction. – II. Defiance. – III. Primacy of what? – IV. Pluralism in action. – V. The incoherence of pluralism. – V.1. Legal systems do not “conflict”. – V.2. Legal systems do not “overlap”. – V.3. Pluralism cannot provide a framework for consensus. – VI. Federal monism. – VII. Social monism. – VIII. Primacy: a pragmatic...
Table of Contents: I. The autonomy of EU law and legal theory: bridging the disconnect. – II. Overview of this Special Section.
Abstract: The autonomy of EU law is a source of ample connections between EU law and legal theory. This Special Section contributes to the mutual...
