Table of Contents: 1. Introduction – 2. Protecting and strengthening the Rule of Law in the European Union through budgetary conditionality mechanisms – 2.1. The Conditionality Regulation – 2.2. The Recovery and Resilience Facility – 2.3. The Common Provisions Regulation – 2.4. Overview: which EU funds have been frozen under which Regulation...
European Papers is pleased to announce that its Issue No 1 in the Volume 11, 2026 is now available online....
Table of Contents: 1. Introduction – 2. The EU PNR Directive: a historical background and main elements – 3. PNR profiling as a measure of law enforcement cooperation stricto sensu or border control – 3.1. The ‘pre-screening’ purpose of PNR processing – 3.2. Old friends with new powers: passenger information units – 3.3. Advanced...
Table of Contents: 1. Introduction. – 2. AI-powered law enforcement. – 2.1. Typology. – 2.2. Critical reflections with a focus on the transition from high-risk to minimal-risk AI in law enforcement settings. – 3. What standards for defence rights in the era of AI? – 3.1 Implications for defence rights. – 3.2 How to safeguard defence rights in times...
Table of Contents: 1. Introduction. – 2. State of the art. – 2.1. European online surveillance between content moderation and digital constitutionalism. – 2.2. Platforms and the shaping of information dissemination. – 3. Platforms, online surveillance, and the DSA. – 3.1. Proliferation of government measures targeting online expression. –...
Table of Contents: 1. Introduction. – 2. The evolving nature of the European anti-money laundering regime. – 2.1. The EU AML Directives and the international AML regime. – 3. The powers of FIUs. – 4. The new AML regime and the developments regarding the FIUs’ access to information. – 4.1. Financial, administrative and law enforcement...
The first part of the Special Section highlighted the profound transformation of EU law enforcement through the use of new technologies that facilitate, promote and mandate all the more exchanges of personal data across EU Member States and agencies, the move towards the co-option of the private sector in assuming quasi-public functions relating to law enforcement and the...
Table of Contents: 1. Introduction – 2. Hybrid acts: The ESMT and EU-Turkey statement – 2.1. The CJEU’s jurisdiction with respect to the ESMT – 2.2. The CJEU’s jurisdiction with respect to the EU-Turkey statement – 3. Thinking about criteria to distinguish between member state and EU institutional action in hybrid agreements 4. Conclusion: questions...
Table of Contents: 1. Introduction. – 2. The role of the ECtHR after KlimaSeniorinnen. – 3. The role of the ECJ beyond Carvalho. – 4. National climate litigation. – 5. Interactions between regional and national courts. – 6. Multilayered non-majoritarianism in action: between the ECHR, national law, and EU law. – 7....
Table of contents: 1. Introduction. – 2. The Polish Constitutional Tribunal: from Non-Majoritarian to Politicized Actor. – 3. Judging Equality Away: The Constitutional Tribunal’s Role in Legitimizing an Anti-LGBT+ Agenda. – 4. Non-Majoritarianism of Common Courts: How the Dissensus within the Judiciary Arises....
Table of Contents: 1. Introduction. – 2. Situating judicial reform in Poland in a broader context. – 3. The role of regional courts in establishing the European standard of a court as a non-majoritarian institution. – 3.1. Multi-layered constitutionalism, European courts, and the rule of law crisis in Poland. – 3.2. Judicial reform in Poland before...
Table of Contents: 1. Introduction. – 2. EU deforestation regulation. – 2.1. Impact assessment. – 2.2. Overall design. – 2.3. Commodities covered. – 2.4. – Due diligence. – 2.5. Benchmarking system. – 2.6. Non-compliance and penalties. – 2.7. Concluding remarks. – 3. Carbon border adjustment mechanism. – 3.1. Impact assessment. – 3.2. Overall design...
Table of Contents: 1. Introduction. – 2. CAs as NMIs. – 2.1. CAs as independent regulators. – 2.2. Legitimacy and accountability of NMIs. – 2.3 NMIs as guardians of representative democracy. – 3. The role of CAs in liberal democracy. – 3.1. CAs and liberal democracy. – 3.2 Mandate and powers of CAs in the EU. – 3.3 The relevance of independent CAs...
Table of Contents: 1. Introduction. – 2. Politics, Technocracy, Non-Majoritarianism in the EU. – 2.1 The Standard Account… – 2.2 …and its Complications. – 3. Competition Law and Limited Politicisation. – 3.1 The Goals of EU Competition Law: An Inclusive and Flexible Mandate as Limited Politicisation. – 3.2. Legal Arrangements for Limited...
It has become common place to lament that democracy is in decline and that disagreement, polarisation, or even dissensus is mounting.[1] Democracy means different things to different people,...
Table of Contents: 1. Introduction. – 2. A fragmented path to regulation: the evolution of the EU green bond regulatory framework. – 3. Barriers to adoption: why the EUGB Regulation may struggle to gain traction. – 4. Addressing the barriers: regulatory and policy solutions to enhance the EUGB Regulation. – 5. Bridging the gaps in the...
Table of Contents: 1. Introduction. – 2. The impact of the EUDR on imported products: an analysis of the measure’s key features. – 3. Legal analysis of the EUDR under the TBT Agreement. – 3.1. The qualification of the measure under the TBT Agreement. – 3.2. Legal assessment under Article 2.1 TBT Agreement. – 3.3. Analysis pursuant to Article 2....
Table of Contents: 1. Introduction. – 2. International Trade and the Environment: The Fight against Climate Change. – 3. The Carbon Border Adjustment Mechanism (CBAM) Regulation. – 4. The Legality of the CBAM under the Law of the World Trade Organization (WTO). – 5. The CBAM under the Lens of International Climate Change Law. – 6. Concluding Remarks...
Table of Contents: 1. Introduction. – 2. Plaumann in CJEU climate litigation cases before KlimaSeniorinnen. – 2.1. CJEU case law on the application of Plaumann in climate litigation. – 2.2. A critique of Plaumann: general points of criticism and applicability in climate litigation. –...
