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European Papers is pleased to announce that its Issue No 2 in the Volume 9, 2024 is now available on-line....
Shades of Trust: The ECtHR, the ECJ and Their Evolving Relationship in Light of the 2023 Revised Draft Accession Agreement
e-Journal- 1536 reads
Table of Contents: I. Introduction. – II. Trust and distrust: Delineations and reflections on the protagonists of the EU accession saga. – III. Opinion 2/13 and its aftermath: The politics of distrust. – IV. The mirage of trust: The ECtHR and the draft accession instruments. – V. The road ahead: (Re-)building trust post-accession. – VI....
The (Im)possibility of a CFSP “Internal Solution”
e-Journal- 2298 reads
Table of Contents: I. Introduction – II. The main options considered by the negotiators – II.1. Introduction – II.2. A “reattribution mechanism” to ensure that EU Member States are exclusively responsible for CFSP conduct outside the scope of CJEU jurisdiction – II.3. An “interpretative declaration” to extend the CJEU’s jurisdiction over the CFSP –...
The Effect of Opinion 1/17 on the EU-ECHR Draft Accession Agreement: Lessons Learned?
e-Journal- 1218 reads
Table of Contents: I. Introduction. – II. Historical background. – III. Relevance of a comparison with Opinion 1/17. – IV. The DAA: Lessons learned from Opinion 1/17? – IV.1 The existence of the treaty’s dispute settlement mechanism outside the EU judicial system. – IV.2 The absence of any competence for foreign courts to interpret...
The 2023 Draft Agreement on the EU Accession to the ECHR: Possible “Gaps” and “Cracks” in the Co-respondent Mechanism and the Implications for the Bosphorus Doctrine
e-Journal- 2757 reads
Table of Contents: I. Introduction – II. The equivalent protection doctrine – III. An alternative to Bosphorus: The joint responsibility of the EU and its Member States on the basis of the co-respondent mechanism – III.1. The Co-respondent mechanism and joint responsibility – III.2. The “mechanics” of the co-respondent mechanism: A critical...
A Council of Europe Perspective on the European Union’s Accession to the European Convention on Human Rights
e-Journal- 4018 reads
Table of Contents: I. Introduction. – II. Guiding principles. – III. Proceedings before the European Court of Human Rights. – III.1. The co-respondent mechanism. – III.2. The “prior involvement” of the Court of Justice. – III.3. Operation of inter-party applications and ECHR advisory opinions. – III.4. The principle of mutual trust between EU Member...
EU Accession to the ECHR: The non-EU Member State Perspective
e-Journal- 1670 reads
Table of Contents: I. Resuming negotiations: common basis and new requests. – II. Non-EU Member States: an actor of its own or a loose aggregate of diverging interests? – II.1. Context, changes and ongoing developments. – II.2. Nature, aim and working methods of the NEUMs Group. – II.3. Common Statement and Key Negotiating principles. – III. Issues...
EU Accession to the European Convention on Human Rights: A New Hope
e-Journal- 3365 reads
Table of Contents: I. Introduction. – II. How the EU and its Member States worked together. – III. Lessons from Opinion 2/13. – IV. State of play. – V. Conclusion.
Abstract: This Article discusses three aspects of the negotiations on EU accession to the ECHR that took place...
From Opinion 2/13 to the 2023 Draft Accession Agreement: The Chair’s Perspective
e-Journal- 2306 reads
Table of Contents: I. Introduction. – II. Basic principles in the negotiations. – III. Negotiating the issues deriving from Opinion 2/13. – III.1. EU-specific mechanisms of the procedure before the ECtHR. – III.2. Inter-state applications and advisory opinions. – III.3. Mutual trust and mutual recognition. – III.4. CJEU competence over EU acts in...
Ten Years On: The Charter of Fundamental Rights in the Jurisprudence of the Court of Justice of the European Union Since Opinion 2/13
e-Journal- 2716 reads
Table of Contents: I. Introduction. – II. Seeing the wood for the trees: the background. – III. How did the Court of Justice of the European Union use the extra time? – IV. Conclusions.
Abstract: Ten years ago, when the Court of Justice delivered Opinion 2/13, the author of the present Article...
Atlas Shrugged: An Analysis of the ECtHR Case Law Involving Issues of EU Law Since Opinion 2/13
e-Journal- 3169 reads
Table of Contents: I. Introduction: “The disappointment that we felt”. – II. Connolly continued: complaints about acts of the EU institutions. – III. Back to real Bosphorus: complaints about EU Member States implementing EU law. – IV. No blind trust: complaints about cooperation between EU Member States. – IV.1. Avotiņš:...
The Revised Draft Agreement on the Accession of the EU to the ECHR: Third Time’s a Charm?
e-Journal- 3800 reads
Table of Contents: I. Introduction. – II. Preparing the ground for another attempt? The judicial dialogue between the CJEU and ECtHR since Opinion 2/13 – III. Negotiating the Revised Draft Accession Agreement. – IV. Appraising the Revised Draft Accession Agreement. - V. Conclusion.
Abstract...
How the Court Tries to Deliver Justice in Common Foreign and Security Policy, Where the Need for Judicial Protection Clashes with the Principles of Conferral and Institutional Balance. Joined Cases C-29/22 P and C-44/22 P KS and KD
Insight- 5801 reads
Abstract: KS and KD is a judgment where the European Court of Justice finds it has jurisdiction to hear actions for damages caused by the European Union’s (EU) civilian missions or military operations. It is the first time that this has happened. Although not entirely surprising, the finding of jurisdiction contributes to a growing line of...
On Mutual Recognition and the Possibilities of a “Single European Polity”: The Opinion of AG Collins in Case C-181/23 Commission v Malta
Insight- 2567 reads
Abstract: The Advocate General’s Opinion in Commission in Commission v Malta is a useful opinion. Not because it is correct but because it highlights the central issue at stake in the case: the question of mutual recognition and its implications. The automatic mutual recognition of Member State nationality found in Micheletti has...
Biometric Borders Envisaged by Frontex: Fundamental Rights in the Backseat
e-Journal- 2533 reads
Table of Contents: I. Introduction. – II. Technological and legal aspects of biometrics. – II.1. Technological aspects and the application of biometrics in the EU. – II.2. Biometric legal framework. – III. Frontex’s biometric policy and fundamental rights. – III.1. Frontex role and legal obligations concerning biometrics. – III.2. Technology...
Which Rule of Law for the External Borders of the European Union? Agencies, Institutions, and the Complex Upholding of the Rule of Law at the EU’s External Borders
e-Journal- 2286 reads
Table of Contents: I. Introduction: the low-intensity constitutionalism of the EU and its meaning for agencies. – II. The rule of law and its implication in the EU legal order: effective judicial protection. – II.1. Rule of law and effective judicial protection. – II.2. The rule of law and its meaning for agencies. – III. The rule of law and...