Which Rule of Law for the External Borders of the European Union? Agencies, Institutions, and the Complex Upholding of the Rule of Law at the EU’s External Borders

e-Journal

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...

Judicial Europeanisation Through Deconstitutionalisation: The Case of the Analogous Application of the Citizenship Directive

e-Journal

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...

The Notion of “Judgment” in the EU Regulations on Cross-Border Collection of Monetary Claims: A Change in Understanding?

e-Journal

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-...

Extraterritorial Human Rights Obligations in the Area of Climate Change: Why the European Union Should Take Them Seriously

e-Journal

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...

Protection Without Recognition: The Role of the Council of Europe in Strengthening Human Rights in Kosovo

e-Journal

Table of Contents: I. Introduction. – II. A brief (constitutional) history of Kosovo. – III. Human rights in Kosovo’s legal order. – III.1. Constitutional integration. – III.2. Judicial application. – IV. Standard-setting, monitoring and cooperation mechanisms. – IV.1. The Horizontal Facility. – IV.2. Other programmes and projects. – IV.3. From...

Reopening Criminal Proceedings and Ne Bis in Idem: Towards a Weaker Res Iudicata in Europe?

e-Journal

Table of Contents: I. Setting the scene: introductory remarks. – II. The possibility to reopen a case and ne bis in idem: main theoretical issues. – III. Retrial and ne bis in idem in Europe through the lens of the Charter, the ECHR and the CISA. – IV. A focus on the ECHR: Art. 4 of Protocol 7 as a benchmark for cases reopening in...

Gone with the Wind: JP and the Right to Clean Air Under EU Law

e-Journal

Table of Contents: I. Introduction. – II. Air quality and EU law. – III. The CJEU’s case law on AQD. – III.1. Public enforcement. – III.2. Private enforcement. – IV. The JP judgement: no right to seek damages caused by air pollution. – IV.1. Damages are no longer a necessary corollary of direct effect. – IV.2. Member Staes liability for...

Customary International Rules Addressed to Member States and EU: Mapping Out the Different Coordination Models

e-Journal

Table of Contents: I. Introduction: the need for coordination between the supranational and international levels. – II. Models of coordination. – II.1. The prevalence model. – II.2. The balancing model. – III. Concrete application of the models. – III.1. The prevalence of obligations under customary international law. – III.2. The prevalence of...

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