Reconceptualising Security in the Law of the European Union

e-Journal

Table of Contents: I. Introduction. – II. Preventive security. – II.1. Criminal law. – II.2. Surveillance. – II.3. Border control. – III. Externalised security. – III.1. Globalised security. – III.2. Transatlantic security. – IV. Privatised security. – IV.1. Privatised security as a Rule of Law challenge. – IV.2. Privatised security as a means of...

The Europeanisation of “Public Order”: The Cases of Restrictive Measures to Counter the Spread of False Information and of Restrictions to Foreign Direct Investments

e-Journal

Table of Contents: I. Introduction. – II. Member States as custodians of the Union’s public order. – II.1. The concept of “European public order” in Council Decision (CFSP) 2022/351. – II.2. The Foreign Direct Investment Regulation: procedural and substantive obligations on Member States’s assessment of FDI that affect public order and public...

European Public Policy and Restriction of Free Movement of Persons in EU Law

e-Journal

Table of Contents: I. Introduction. – II. Public policy as a nationally embedded concept. – III. The rising role of common European values in the public policy exception. – III.1. Explicit engagement of the Court with European values: the case of expulsion of criminal Union citizens. – III.2. Implicit engagement of the Court with European values:...

Public Security and Public Order in EU Law: Adjudicative Challenges in the Laws of the Internal and Digital Markets

e-Journal

Table of Contents: I. Introduction. – II. Methodological basis for public policy/security issues in the context of free movement law. – III. Proportionality in free movement law and the EU Charter: a comparison. – IV. The “strictly necessary” test and the “balancing test” in light of the digital case Law of the CJEU. – IV.1. “Strictly necessary”...

“Public Policy” as a Chameleonlike Concept: The Quest for Coherence in the CJEU Case Law On Migration and Union Citizenship

e-Journal

Table of Contents: I. Starting point: reaffirming supranational oversight – I.1. Curtailing exceptional non-compliance under art. 72 TFEU – I.2. Distinct political choices with regard to migration – II. Overlap with and distinction from Union citizenship- II.1. Association agreement with Turkey as a test case - II.2. Fahimian: discrepancies...

Art. 72 TFEU as Seen by the Court of Justice of the EU: Reminder, Exception, or Derogation?

e-Journal

Table of Contents: I. Introduction. – II. Art. 72 TFEU: no “general exception” from the scope of EU law. – III. Art. 72 TFEU: a reminder for the EU institutions. – IV. Art. 72 TFEU: a derogation to the benefit of the Member States? – V. Conclusion.

Abstract: When the Member States of the European Union (EU...

Introduction: Public order and public security in EU law. Time for Reappraisal

e-Journal
Table of contents: I. Introduction – II. Four reasons to reappraise public order and public security in EU law. – II.1. In the name of national public order: understanding Member States’ increased resistance to EU law. – II.2. Assessing the evolving conceptual framework. – II. 3. Evaluating how the EU legal framework adjusts to the contextual...

The Role and Competence of the EU in the Area of Supportive Financing Policies for Renewable Energy Projects

e-Journal

Table of Contents: I. Introduction – II. Why (still) support renewable energy sources and why should the EU care – II.1. The persisting need for financially supporting RES – II.2. The purposiveness of an enlarged impact of the EU legal order on renewable energy support policies – III. The EU competence in the area of renewable energy support – III.1...

Algorithmic Accountability Through the “Human over the Loop” in Interoperable and EU AI-reliant Large-scale IT Systems for Migration and Security

e-Journal

Table of Contents: I. Introduction. – II. Interoperability of large-scale IT systems for third-country nationals: a synopsis. – II.1. The road. – II.2. The interoperability regulations. – III. Searching for AI in terminologically ambiguous texts. – III.1. The pivotal role of the CRRS. – III.2. sBMS: motor for biometric recognition. – III.3. MID: an...

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