Table of Contents: 1. Simple as it is? – 1.1. Analysis of drafting elements. – 1.2. Interpretative and systematic understanding. – 2. A concise framework to understand the use of precedents by the Luxembourg Court. – 3. Case-study 1: a turning point in the case-law on the independence of judges. – 4. Case-study 2: two close episodes...
Table of Contents: 1. Background. – 2. The strange case of the direct effect of the principle of proportionality of penalties. – 2.1. The NE II judgement and its shift in perspective. – 2.2. Implications of the NE ruling. – 3. Tensions with national constitutional structures: the Italian example. – 4. The Italian Constitutional...
Table of Contents: 1. Introduction. – 2. The Maltese investor-citizenship scheme and the judgment of the CJEU. – 3. Analysis of the CJEU’s judgment. – 3.1. Doctrinal reception of the judgment. – 3.2. The nature of EU citizenship: status and substance. – 3.3. Mutual recognition of Member State citizenships. – 3.3.1. A special relationship based on...
Table of Contents: 1. Introduction. – 2. The autonomy of EU law and the integration of international environmental law. – 3. The Aarhus Convention and the EU: procedural autonomy at the intersection of legal orders. – 4. The CJEU’s engagement with the Aarhus Convention and ACCC Findings: navigating internal and external autonomy. – 4.1. The impact...
Table of Contents: 1. The autonomy of EU law and the right to an effective remedy. – 2. The right to an effective remedy in the CFSP. – 2.1. Elitaliana. – 2.2. H v. Council – 2.3. SatCen. – 2.4. Rosneft – 2.5. Bank Refah Kargaran. – 2.6. KS and KD. – 2.7. Interim conclusion. – 3. EU accession to...
Table of Contents: 1. Introduction. – 2. The consequences of Opinion 2/13: Basket Four and the developments of the Court’s case law in relation to the CFSP. – 2.1. The Problem of Basket Four. – 2.2. Exploring the jurisdiction regarding the CFSP: the developing case law of the Court. – 2.3. Refining the jurisdiction of the Court: Neves...
Table of Contents: 1. Introduction. – 2. The CJEU and the Autonomy of EU Law. – 2.1. Exclusive jurisdiction under Article 344 TFEU. – 2.2. Exclusive jurisdiction over broader interpretation of EU law. – 3. The View from Public International Law. – 3.1. Key Concepts and Structures of Public International Law. – 3.2. The Limits of CJEU Exclusivity. –...
Table of Contents: 1. Introduction. – 2. Snowballing: expanding and mushing together autonomy and other principles. – 3. Yoyoing: pivoting between ‘thick’ and ‘thin’ autonomy. – 4. Zooming in: different understandings of autonomy in action. – 4.1. Investment arbitration as the hotbed of recent EU autonomy debates. – 4.2. The EU’s accession to the...
Table of Contents: 1. Setting the scene: EU autonomy and its expanding external dimension – 2. Inside and outside perspectives on EU autonomy – 3. Bridging perspectives: introducing the Special Section – 4. Concluding thoughts.
Abstract: The autonomy of EU law is a foundational principle of the...
Table of Contents: 1. An introduction to legal fictions: structure, functions and purposes. – 1.1. The (dis)appearance of fictio iuris: common beliefs. – 1.2. Strategic dissimulation. – 2. Non-entry fiction, (international) transit zones and extraterritoriality. – 2.1. The gradual proliferation of non-entry fictions across the Member States...
Table of Contents: 1. Introduction – 2. The jurisprudential context – 2.1. Citizenship from solidarity to identity – 2.2. Values and competence in EU law – 2.3. The naming cases – 3. The radicalness of the Coman line – 3.1. Old principles in a new context – 3.2. Mutual recognition – 3.3. Justification and consistency – 3.4. U-turns – 4....
Table of Contents: 1. Introduction. – 2. The timeline of the creation of the Special Tribunal. – 2.1. On the desirability of the Tribunal. – 2.2. Mobilising international support (2014–2023). – 2.3. Towards formalization: the Council of Europe Framework (2023–2025). – 3. Key features of the Special Tribunal. – 3.1. Jurisdiction: a narrow and focused...
