Table of Contents: 1. Introduction. – 2. EU internal arrangements implementing international conventions. – 3. The provisions of the accession agreement that must be implemented at the EU level. – 3.1. The co–respondent mechanism and the role of the EU institutions in its implementation. – 3.2. The Prior Involvement of the CJEU. – 3.3....
Table of Contents: 1. Introduction. – 2. Context, background and judgment. – 2.1. Facts of the case and legal framework. – 2.2. The Opinion of the AG and the judgment of the Court. – 3. Critical analysis. – 3.1. The trajectory of the case law. – 3.1.1. Exceptions to transfers due to systemic deficiencies and fundamental rights concerns. – 3.1.2...
Table of Contents: Introduction. – 1. EU budgetary governance and authority. – 1.1. The next MFF and its institutional foundations. – 1.2. The European executive in relation to the institutional balance. – 1.2.1. The executive power at the EU level in the institutional balance framework. – 1.2.2. The evolving executive role in EU budgetary...
Table of Contents: 1. The Electricity Market Design Reform in context: the regulatory contents of the energy transition. – 2. The introduction of ‘energy sharing’ as a general right. – 3. The broader implications of the introduction of ‘energy sharing’. – 3.1. ‘Energy sharing’ and the reconfiguration of roles in EU electricity...
Table of Contents: 1. Introduction. – 2. Factual and legal background. – 3. Preliminary issues: admissibility. – 4. Assessment and findings of the CJEU. – 4.1. Breaching the Council decision setting out the common EU position. – 4.2. Disrespecting the EU’s exclusive external competence under Article 3(2) TFEU. – 4.3. Breaching the principle of...
Table of Contents: 1. Introduction: the constitutional fault line. – 2. The Directive on adequate minimum wages: ambition, architecture, and constitutional risk. – 2.1. Political origins and normative stakes. – 2.2. The architecture of constrained ambition. – 3. The annulment action: constitutional arguments and what they disclose. – 3.1. The...
Table of Contents: 1. Dignity and dignities in legal systems. – 2. The concept of human dignity in the employment relationship at the European level. – 3. Normative pillars of workers’ dignity in European Law: EU-level protections. – 4. Constitutional guarantees and beyond: the Italian case. – 4.1. The role of case law in defining the ‘spectrum’ of...
Table of Contents: 1. Introduction – 2. Case C-713/23 Jakub Cupriak-Trojan and Mateusz Trojan v Wojewoda Mazowiecki – 2.1. Facts of the case – 2.2. Opinion of the Advocate General Richard de la Tour – 2.3. Reasoning and decision of the CJEU – 3. Articles 20 and 21 TFEU: What is new about Union...
Table of contents: 1. Introduction. – 2. The position of general principles of international law in the EU legal order. – 3. The Court of Justice of the European Union and general principles of international law. – 3.1. The concept of general principles of (international) law in the CJEU’s case-law. – 3.2. The influence of international law on...
Table of contents: 1. Introduction. – 2. Genesis and place of sustainable development in EU Treaties and policy. – 3. Sustainable development in substantive EU external policies – 3.1. Trade policy. – 3.2. Development cooperation. – 3.3 External environmental policy. – 4. Conclusion.
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Table of Contents: 1. Introduction. – 2. EU sanctions as proportionate sanctions. – 3. The proportionality review of sanctions before the CJEU. – 3.1. The manifest inappropriate test: reviewing the proportionality of policy measures. – 3.1.1. The proportionality plea raised by Russian businesspersons against the ‘criterion (g)’. – 3.1.2. The...
Table of Contents: 1. Introduction. – 2. The Application of the Principle of Equivalence in the Financial Services Sector. – 3. The Adequacy Assessment of Personal Data Transfers to Third Countries. – 4. Other Areas in which the Principle is Employed. – 5. The Outcomes of Applying the Equivalence Mechanism: between protectionism and...
Table of Contents: 1. Introduction – 2. Unity in international representation: an accidental and ambivalent principle? – 3. Unity in the fragmented international representation and in the horizontal relationship?– 3.1 External representation by a panoply of actors and acts – 3.2 External representation as an executive prerogative – 3.3 Three sectors...
Table of Contents: 1. Introduction – 2. Background to the case: KS and KD in a legal blackhole – 3. CJEU jurisdiction and the curious argument from the principle of conferral – 3.1 Conferral as a principle of integration – 3.2 Fundamental rights review as constitutionalisation, not integration – 3.3 Shift from conferral to consent in the Court’s...
Table of Contents: 1. Introduction – 2. The de jure standard of fundamental rights protection – 2.1. Treaty foundations of the EU’s human rights obligations – 2.2. Human rights obligations flowing from the Charter of Fundamental Rights – 3. The de facto standard of fundamental rights protection – 3.1....
Table of contents: 1. Introduction. – 2. Equity at a crossroads in international and EU law. – 2.1. Equity in the practice of international and EU law: the long arc of legality. – 2.2. Equity in international and EU law scholarship: never the twain shall meet. – 3. The internationalised triangle: international justice, equity and law. – 3.1....
Table of contents: 1. Introduction – 2. Democracy in the Constitutional Case Law of the CJEU – 2.1 Protecting the Prerogatives of the European Parliament – 2.2 The Choice of Legal Basis: Titanium Dioxide – 2.3 Limits on the Ability to Delegate Powers to the Executive – 2.4 Democracy versus Institutional Balance – 3. Democracy in...
Table of Contents: 1. Introduction – 2. General principles in EU external relations law: constructing a constitutional space for the EU’s external action. – 3. Overview of the contributions
Abstract: This Introduction to the Special Section examines the role of general principles of law (...
