Abstract: Free access to a copy of personal data included in a medical record is guaranteed under EU law. The legal basis, scope and reach of this right were addressed for the first time by the European Court of Justice in F.T. v D.W. The case triggers a number of considerations on the protection offered to individuals, and most notably...
Table of Contents: I. The state(hood) of the Union. – II. The EU as a state in international agreements. – III. The EU as a state under the 1969 Vienna Convention. – IV. The EU as a state in international dispute settlement. – V. Degrees of statehood?
Abstract: There is one thing that lawyers –...
Table of Contents: I. Introduction: the need for coordination between the supranational and international levels. – II. Models of coordination. – II.1. The prevalence model. – II.2. The balancing model. – III. Concrete application of the models. – III.1. The prevalence of obligations under customary international law. – III.2. The prevalence of...
Table of Contents: I. Introduction. – II. The EU decision to assist Ukraine: a watershed yet not unpredictable moment. – III. The international relevance of the EU assistance to Ukraine. – IV. A measure of collective self-defence? – V. Attributing the assistance in favour of Ukraine to the EU Member States: the general criteria of arts 4 ARS and 6...
Table of Contents: I. Introduction. – II. The legal principles governing EU coordination in international law-making fora: a weakness or a strength of Member States' external sovereignty? – III. The case of the Maritime Labour Convention: the journey of human rights from the EU to China via international law. – III.1. The Convention and the EU's...
Table of Contents: I. Introduction. – II. The EU control of harmful tax measures: the Code of Conduct for Business Taxation and other forms of cooperation between tax authorities. – III. State aid law as a tool against harmful tax measures. – IV. The rocky road to corporate tax harmonisation. – V. Is the EU overstepping its powers? Conclusive...
The celebrated work of Niccolò Machiavelli, The Prince, opens with a concise yet terse sentence: “[a]ll states and governments that ever ruled over men have been either republics or monarchies”. This blunt sentence summarises, in a nutshell, the two dilemmas of the political thought of the antiquities: the dilemma about the form of government and the dilemma about...
European Papers is pleased to announce that its Issue No 1 in the Volume 9, 2024 is now available on-line....
Table of Contents: I. Introduction. – II. Air quality and EU law. – III. The CJEU’s case law on AQD. – III.1. Public enforcement. – III.2. Private enforcement. – IV. The JP judgement: no right to seek damages caused by air pollution. – IV.1. Damages are no longer a necessary corollary of direct effect. – IV.2. Member Staes liability for...
Table of Contents: I. Setting the scene: introductory remarks. – II. The possibility to reopen a case and ne bis in idem: main theoretical issues. – III. Retrial and ne bis in idem in Europe through the lens of the Charter, the ECHR and the CISA. – IV. A focus on the ECHR: Art. 4 of Protocol 7 as a benchmark for cases reopening in...
Table of Contents: I. Introduction. – II. A brief (constitutional) history of Kosovo. – III. Human rights in Kosovo’s legal order. – III.1. Constitutional integration. – III.2. Judicial application. – IV. Standard-setting, monitoring and cooperation mechanisms. – IV.1. The Horizontal Facility. – IV.2. Other programmes and projects. – IV.3. From...
Abstract: Until recently, it would have been tautological to say that the question of assessing independence did not arise when the preliminary ruling instrument was activated by a national judge: judges in the Member States were presumed to be independent. However, in the context of the rule of law backsliding, with the adoption of national laws...
Abstract: Access to justice in environmental matters is one of the three pillars of the Aarhus Convention, to which both the EU and its Member States are Parties. In the Convention, access to justice is subdivided into four limbs. Art. 9(3) contains the general obligation of access to review procedures for the public of acts and omissions of private...
Table of Contents: I. Introduction. – II. Thinking infrastructurally about Schengen. – III. Schengen as legal infrastructure. – IV. Infrastructural connections beyond the EU. – V. Conclusion.
Abstract: Human mobility has always been a pre-condition for human development, yet few issues today remain...
Table of Contents: I. Introduction: structuralising crisis. – II. “Crisification”: the incremental normalisation of exceptions. – III. The 2015 ”Refugee Crisis”: the suspension of governance (as a form of governance) – III.1. Relocation (and Dublin prorogation) – III.2. The Hotspot Fiasco – IV. The New Pact Reforms: generalising derogations – IV.1....
Table of Contents: I. Introduction. – II. The two-step accession to Schengen. – II.1. Schengen accession under primary law. – II.2. Schengen accession under secondary law. – III. Application of the Schengen acquis in Schengen candidate states. – III.1. Binding but not applicable. – III.2. Defining Schengen’s external borders. – III.3. The...
Abstract: The functioning of the Schengen area and, more broadly, of European external borders, have been under considerable strain due to increased migration flows, the COVID-19 pandemic and security threats. These developments have tested Member States’ and EU agencies’ compliance with EU rules and principles, and the viability of the
...Abstract: In case T-65/18 RENV Venezuela v Council the General Court was confronted with the question of the legality under international law of the EU’s restrictive measures against Venezuela. The judgment is of particular importance as it feeds into the burgeoning discussion regarding the juridical nature, and lawfulness, of EU...
Abstract: In 2019 the EU Commission launched the ambitious so-called European Green Deal, a set of proposals aimed to revise and update EU legislation and to put in place new initiatives with the goal to ensure that EU policies are in line with climate and SDGs goals. To reach the targets set out by the EU institutions, a crucial role is attributed...
