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...
Abstract: In Bank Refah Kargaran (case C-134/19 P Bank Refah Kargaran v Council ECLI:EU:C:2020:793), the Court of Justice decided that it has jurisdiction to award damages for non-contractual liability incurred by the EU for harm caused by certain restrictive measures in Common foreign and security policy (CFSP) decisions. In so...
Table of Contents: I. Introduction. – II. A post-sovereign world. – III. Autonomy: sovereignty in disguise? – IV. European Sovereignty?
Abstract: Spearheaded by French President Emmanuel Macron, the concept of “European sovereignty” is used increasingly often in debates on the role of the EU in the...
Table of Contents: I. Introduction. – II. A complete system of judicial protection, also in the sphere of the CFSP? – III. In search of the limits of the jurisdictional carve-out: in defence of the ECJ’s incremental approach. – IV. Looking forward: towards a comprehensive approach. – IV.1. A reading of Art. 275 TFEU...
Abstract: In its judgment in the case of H v. Council et al., the Grand Chamber of the ECJ recognised the jurisdiction of the CJEU to assess the validity under EU law of a decision by the Chief of Personnel of the European Union Police Mission in Bosnia-Herzegovina (EUPM) to redeploy an Italian magistrate, seconded to the EUPM in Sarajevo,...
Abstract: In its judgment in the Swiss MoU case, the Grand Chamber of the European Court of Justice (ECJ) annuls a European Commission decision on the signing of an addendum to a Memorandum of Understanding with Switzerland on the subject of Switzerland’s financial contributions to ensure that country’s continued access to the internal...
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