Table of Contents: 1. Introduction. – 2. Some narratives to be questioned. – 2.1. Dealing with oxymoron: the (alleged) specialisation of the General Court. – 2.2. Reducing (or changing) the workload of the Court of Justice? – 2.3. The constitutionalisation of the Court of Justice (and the multiple meanings thereof). – 3. The main legacy of the...
‘The most relevant overhaul of the Union’s judiciary since the creation of the Court of First Instance in 1989’.[1] ‘The genie out of the bottle’....
Table of Contents: 1. Introduction. – 2. Open justice and human rights: ensuring transparency and accountability through public access. – 2.1. The notion of open justice: scope and constitutive elements. – 2.2. Open justice under international and EU law. – 3. Open justice at the CJEU: evolution, targets achieved and unresolved questions. – 4. The...
Table of Contents: 1. Introduction. – 2. The partial transfer of jurisdiction in ‘certain specific areas’. – 3. Procedures to determine which judicial body has jurisdiction. – 4. The Chamber designated to deal with the request for a preliminary ruling. – 5. Corrective measures to the division of competences. – 6. The review procedure. – 7. Other...
Table of Contents: 1. Introduction. – 2. Making European law-application more culturally sensitive: the ECtHR’s application of the legal certainty principle as a case-study. – 2.1. The uncertainties of legal certainty and the ECtHR’s assessment of foreseeability and normative precision. – 2.2. Adding shades of social legitimacy to the ECtHR’s...
Table of Contents: 1. Introduction. – 2. The Good – Article 114 TFEU by default. – 2.1. The EU’s legislative package in digital finance. – 2.2. (Un-)challenged by the Courts. – 3. The Bad – unfit to regulate. – 3.1. The EU’s competences under the economic and monetary policy. – 3.2. The ultra viresclaim. – 4. The Ugly – mind the...
