Table of Contents: I. Introduction. – II. Guiding principles. – III. Proceedings before the European Court of Human Rights. – III.1. The co-respondent mechanism. – III.2. The “prior involvement” of the Court of Justice. – III.3. Operation of inter-party applications and ECHR advisory opinions. – III.4. The principle of mutual trust between EU Member...
Table of Contents: I. Introduction – II. The equivalent protection doctrine – III. An alternative to Bosphorus: The joint responsibility of the EU and its Member States on the basis of the co-respondent mechanism – III.1. The Co-respondent mechanism and joint responsibility – III.2. The “mechanics” of the co-respondent mechanism: A critical...
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. The main options considered by the negotiators – II.1. Introduction – II.2. A “reattribution mechanism” to ensure that EU Member States are exclusively responsible for CFSP conduct outside the scope of CJEU jurisdiction – II.3. An “interpretative declaration” to extend the CJEU’s jurisdiction over the CFSP –...
Table of Contents: I. Introduction. – II. Trust and distrust: Delineations and reflections on the protagonists of the EU accession saga. – III. Opinion 2/13 and its aftermath: The politics of distrust. – IV. The mirage of trust: The ECtHR and the draft accession instruments. – V. The road ahead: (Re-)building trust post-accession. – VI....
Table of Contents: I. Introduction. – II. Technological and legal aspects of biometrics. – II.1. Technological aspects and the application of biometrics in the EU. – II.2. Biometric legal framework. – III. Frontex’s biometric policy and fundamental rights. – III.1. Frontex role and legal obligations concerning biometrics. – III.2. Technology...
Table of Contents: I. Introduction: the low-intensity constitutionalism of the EU and its meaning for agencies. – II. The rule of law and its implication in the EU legal order: effective judicial protection. – II.1. Rule of law and effective judicial protection. – II.2. The rule of law and its meaning for agencies. – III. The rule of law and...
Table of Contents: I. Introduction. – II. The Court’s ability to influence policies. – III. Research design – IV. The analogous application of the Directive – IV.1. Periods of residence completed under Directive 68/360 – IV.2. Free movers returning to their Member State of origin – IV.3. Free movers naturalised in the host Member State – V. National...
Table of Contents: I. Introduction. – II. The notion of “judgment” in the EU regulations on cross-border collection of monetary claims prior to H Limited and London Steam-Ship Owners. – II.1. “Any judgment”. – II.2. “A court or tribunal”. – II.3. “A Member State”. – III. The notion of “judgment” in the EU regulations on cross-...
Table of Contents: I. Introduction. – II. EU climate policy and its impacts on third countries and persons living therein. – II.1. EU climate policy and its impacts on the sovereignty and economies of third countries. – II.2. Climate action and inaction and their impacts on human rights. – II.3. EU climate policy and its impacts on the human rights...
