Table of Contents: 1. Introduction. – 2. Conceptual framework: ‘models of constitutional accommodation’ in domestic and international law. – 2.1. Emergency provisions in constitutional documents. – 2.2. Emergency provisions in international Treaties. – 3. From a system of safeguard clauses to a system of emergency clauses: the changing shape of EU...
Table of Contents: 1. Introduction – 2. Facts of the case and questions referred – 3. Opinion of Advocate General Ćapeta – 4. Judgment of the Court – 5. Analysis of selected issues concerning the Court’s jurisdiction – 5.1. In the shadow: fundamental rights protection as a question of competence – 5.2. Categorization of restrictive measures: binary...
Table of Contents: 1. Introduction. – 2. The UK-France Declaration and the UK-Germany Treaty. – 3. The old doctrine of vital interests. – 4. The overlap with the 1949 North Atlantic Treaty. – 5. Conclusions.
Abstract: The UK-France joint nuclear statement of 10 July 2025 and the Treaty between the...
Table of Contents: 1. Introduction. – 2. The challenge of defining minimal democratic standards. – 3. Ensuring the European’s Parliament’s democratic character. – 3.1. Existing rules and jurisprudence. – 3.2. The case for reinterpretation of the Direct Suffrage Act. – 3.3. Operationalising a reinterpretation of the Direct Suffrage Act. – 4. Ensuring...
Table of Contents: 1. Introduction. – 2. Background. – 3. Judgment of the General Court. – 3.1. Against a narrow reading of possession. – 3.2. Obligation to provide plausible explanations. – 3.3. Document registration. – 4. Plus ça change. – 4. Conclusion.
Abstract: On May 14, 2025 the Grand Chamber of the...
Table of Contents: 1. Introduction. – 2. The (limited) substance of the judgment in Commission v Malta: what it says about citizenship per se. – 3. The concrete expression of solidarity. – 4. EU citizenship is based on mutual trust. – 4.1. How has mutual trust been applied in the internal market already? – 4.2. How could mutual trust impact upon Union...
Table of Contents: 1. Introduction. – 2. Some narratives to be questioned. – 2.1. Dealing with oxymoron: the (alleged) specialisation of the General Court. – 2.2. Reducing (or changing) the workload of the Court of Justice? – 2.3. The constitutionalisation of the Court of Justice (and the multiple meanings thereof). – 3. The main legacy of the...
‘The most relevant overhaul of the Union’s judiciary since the creation of the Court of First Instance in 1989’.[1] ‘The genie out of the bottle’....
Table of Contents: 1. Introduction. – 2. Open justice and human rights: ensuring transparency and accountability through public access. – 2.1. The notion of open justice: scope and constitutive elements. – 2.2. Open justice under international and EU law. – 3. Open justice at the CJEU: evolution, targets achieved and unresolved questions. – 4. The...
Table of Contents: 1. Introduction. – 2. The partial transfer of jurisdiction in ‘certain specific areas’. – 3. Procedures to determine which judicial body has jurisdiction. – 4. The Chamber designated to deal with the request for a preliminary ruling. – 5. Corrective measures to the division of competences. – 6. The review procedure. – 7. Other...
