This is the first issue of the 10th volume of European Papers: A Journal on Law and Integration. Established a decade ago, European Papers was founded with the aim of providing insights into the state of European integration. It is no coincidence that the journal’s name may remind readers of the Federalist Papers, which articulated the legal and...
Table of Contents: I. Introduction. – II. Historical background. – III. Relevance of a comparison with Opinion 1/17. – IV. The DAA: Lessons learned from Opinion 1/17? – IV.1 The existence of the treaty’s dispute settlement mechanism outside the EU judicial system. – IV.2 The absence of any competence for foreign courts to interpret...
Table of Contents: I. Introduction. – II. Preparing the ground for another attempt? The judicial dialogue between the CJEU and ECtHR since Opinion 2/13 – III. Negotiating the Revised Draft Accession Agreement. – IV. Appraising the Revised Draft Accession Agreement. - V. Conclusion.
Abstract...
Table of Contents: I. The autonomy of EU law and legal theory: bridging the disconnect. – II. Overview of this Special Section.
Abstract: The autonomy of EU law is a source of ample connections between EU law and legal theory. This Special Section contributes to the mutual...
Table of Contents: I. Introduction. – II. CSDP: Between a common and differentiated policy. – II.1. CSDP as a common policy of the EU. – II.2. Differentiated integration in CFSDP. – III. PESCO’s microcosm of differentiated integration. – III.1. The awakening of the “Sleeping Beauty”. – III.2. Participation in PESCO. – III.3. PESCO projects. – IV....
Abstract: This Article provides insights into the question of whether there is a tension between commonness and differentiation in EU policies, in particular post-Brexit. Brexit triggered new discussions on so-called differentiated integration (DI) in the European Union. Not only was Brexit perceived as a potential tool to...
Table of Contents: I. Introduction. – II. Cybersecurity as internal market resilience. – III. Cybersecurity as an issue of internal security under the AFSJ. – IV. Mainstreaming cybersecurity into CFSP. – IV.1. The emergence of cyber cooperation under PESCO. – IV.2. Cyber Diplomacy Toolbox: between sanctions and a lawful response to cyber-attacks. –...
Table of Contents: I. Introduction. – II. European law aspects of post-Brexit EU-UK cooperation. – II.1. Legal institutional possibilities and obstacles. – II.2. The withdrawal agreement. – II.3. Third country participation in CFSP. – III. International law aspects of post-Brexit EU-UK cooperation. – III.1. Existing and new CFSP/CSDP agreements. –...
Keywords: EU-Ukraine cooperation – association agreement – Dutch referendum – European Council – mixed agreements – international agreements.
On 6 April 2016 the Dutch population was asked to be voor (in favour) or tegen (against) the act to approve the Association Agreement between the...
Table of Contents: I. Introduction. – II. The current position of CFSP in the EU Treaties. – II.1. The purpose of CFSP. – II.2. Consistency between CFSP and other External Relations Policies. – II.3. Legal basis and competence. – III. Internal pressures towards integration. – III.1. A new institutional set-up. – III.2.Legal bases. – III.3....
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