e-Journal
- 677 reads
It has become common place to lament that democracy is in decline and that disagreement, polarisation, or even dissensus is mounting.[1] Democracy means different things to different people,...
Limited Politicisation: Strengthening, Not Undermining, Economic Regulation in the EU
e-Journal
- 1492 reads
Table of Contents: 1. Introduction. – 2. Politics, Technocracy, Non-Majoritarianism in the EU. – 2.1 The Standard Account… – 2.2 …and its Complications. – 3. Competition Law and Limited Politicisation. – 3.1 The Goals of EU Competition Law: An Inclusive and Flexible Mandate as Limited Politicisation. – 3.2. Legal Arrangements for Limited...
Non-Majoritarian Regulators in Democratic Systems: The Case of Competition Authorities
e-Journal
- 1314 reads
Table of Contents: 1. Introduction. – 2. CAs as NMIs. – 2.1. CAs as independent regulators. – 2.2. Legitimacy and accountability of NMIs. – 2.3 NMIs as guardians of representative democracy. – 3. The role of CAs in liberal democracy. – 3.1. CAs and liberal democracy. – 3.2 Mandate and powers of CAs in the EU. – 3.3 The relevance of independent CAs...
Evaluating the Role of the European Commission as a Non-Majoritarian Actor: EU Climate Policy Between Expert Governance and Democratic Aspirations
e-Journal
- 1131 reads
Table of Contents: 1. Introduction. – 2. EU deforestation regulation. – 2.1. Impact assessment. – 2.2. Overall design. – 2.3. Commodities covered. – 2.4. – Due diligence. – 2.5. Benchmarking system. – 2.6. Non-compliance and penalties. – 2.7. Concluding remarks. – 3. Carbon border adjustment mechanism. – 3.1. Impact assessment. – 3.2. Overall design...
Poland’s Judicial Reform Before the European Courts: What Makes a Court a Non-Majoritarian Institution?
e-Journal
- 4329 reads
Table of Contents: 1. Introduction. – 2. Situating judicial reform in Poland in a broader context. – 3. The role of regional courts in establishing the European standard of a court as a non-majoritarian institution. – 3.1. Multi-layered constitutionalism, European courts, and the rule of law crisis in Poland. – 3.2. Judicial reform in Poland before...
When the Constitutional Court Is No Longer a Non-Majoritarian Institution: Equality Litigation Before Common Courts in Poland
e-Journal
- 2488 reads
Table of contents: 1. Introduction. – 2. The Polish Constitutional Tribunal: from Non-Majoritarian to Politicized Actor. – 3. Judging Equality Away: The Constitutional Tribunal’s Role in Legitimizing an Anti-LGBT+ Agenda. – 4. Non-Majoritarianism of Common Courts: How the Dissensus within the Judiciary Arises....
Multilayered Non-Majoritarianism: European Courts and National Climate Action
e-Journal
- 1994 reads
Table of Contents: 1. Introduction. – 2. The role of the ECtHR after KlimaSeniorinnen. – 3. The role of the ECJ beyond Carvalho. – 4. National climate litigation. – 5. Interactions between regional and national courts. – 6. Multilayered non-majoritarianism in action: between the ECHR, national law, and EU law. – 7....
The End of Plaumann in Climate Litigation: Now or Never?
e-Journal
- 5694 reads
Table of Contents: 1. Introduction. – 2. Plaumann in CJEU climate litigation cases before KlimaSeniorinnen. – 2.1. CJEU case law on the application of Plaumann in climate litigation. – 2.2. A critique of Plaumann: general points of criticism and applicability in climate litigation. –...
The International Law Reading of the EU Carbon Border Adjustment Mechanism (CBAM)
e-Journal
- 9461 reads
Table of Contents: 1. Introduction. – 2. International Trade and the Environment: The Fight against Climate Change. – 3. The Carbon Border Adjustment Mechanism (CBAM) Regulation. – 4. The Legality of the CBAM under the Law of the World Trade Organization (WTO). – 5. The CBAM under the Lens of International Climate Change Law. – 6. Concluding Remarks...
Reconciling GHG Mitigation Objectives and WTO Rules: the EUDR’s Key Challenges under the TBT Agreement
e-Journal
- 2983 reads
Table of Contents: 1. Introduction. – 2. The impact of the EUDR on imported products: an analysis of the measure’s key features. – 3. Legal analysis of the EUDR under the TBT Agreement. – 3.1. The qualification of the measure under the TBT Agreement. – 3.2. Legal assessment under Article 2.1 TBT Agreement. – 3.3. Analysis pursuant to Article 2....