e-Journal
- 85 reads
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,...
Multilayered Non-Majoritarianism: European Courts and National Climate Action
e-Journal
- 117 reads
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....
The Autonomy of the EU Legal Order: The Case of the Energy Charter Treaty
e-Journal
- 5843 reads
Table of Contents: I. Introduction. – II. Normative autonomy as the very foundation of the EU legal order. – III. Regulatory autonomy. – IV. The Energy Charter Treaty (ECT). – IV.1. Substantive tensions. – IV.2. A clash with normative autonomy? – IV.3. Limiting regulatory autonomy? – V. The reformed text of the ECT. – VI. The dark side of the EU’s...
Tackling the Climate Crisis with Counter-majoritarian Instruments: Judges Between Political Paralysis, Science, and International Law
Insight
- 21100 reads
Abstract: The climate crisis is – as far as we can see in 2021 – the greatest challenge of the 21st century. The existence of global warming as a human-made problem and the abstract need of transiting away from fossil energy sources is largely accepted. The question, however, of how to best achieve this transition is a major bone of contention –...
EU Autonomy: Jurisdictional Sovereignty by a Different Name?
e-Journal
- 5736 reads
Table of Contents: I. Introduction. – II. Jurisdictional sovereignty: a core element of an elusive concept. – III. EU autonomy as construed by the Court of Justice. – IV. Jurisdictional sovereignty of the EU as a legal construction. – V. Concluding reflections on the Court’s autonomy conception in context.
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Some Reflections on Achmea’s Broader Consequences for Investment Arbitration
e-Journal
- 3754 reads
Table of Contents: I. Introduction. – II. A delicate good: autonomy of the EU legal order. – III. Consequences for CETA’s Investment Court System. – IV. Intra-EU BITs: national courts as the guardian of the Union of law. – V. Autonomy as an obstacle to the Union submitting to the jurisdiction of international courts or tribunals. – VI. The future of...
