Table of Contents: 1. Introduction. – 2. Making European law-application more culturally sensitive: the ECtHR’s application of the legal certainty principle as a case-study. – 2.1. The uncertainties of legal certainty and the ECtHR’s assessment of foreseeability and normative precision. – 2.2. Adding shades of social legitimacy to the ECtHR’s...
Table of Contents: 1. Introduction. – 2. The Good – Article 114 TFEU by default. – 2.1. The EU’s legislative package in digital finance. – 2.2. (Un-)challenged by the Courts. – 3. The Bad – unfit to regulate. – 3.1. The EU’s competences under the economic and monetary policy. – 3.2. The ultra viresclaim. – 4. The Ugly – mind the...
Table of Contents: 1. Introduction: scope and purposes of the analysis. – 2. The partial transfer of preliminary references from the Court to the General Court. – 2.1. The scope of the General Court’s jurisdiction on preliminary references. – 2.2. The guichet unique mechanism. – 2.3. The procedure for hearing and determining preliminary...
Table of Contents: 1. Introduction. – 2. Origins and structure of the EU GSP regime. – 3. Climate-led conditionality in the present GSP Regulation. – 3.1. Positive conditionality in the GSP+ scheme: granting additional trade preferences upon ratification and effective implementation of climate-related conventions. – 3.2. Negative conditionality in...
Table of Contents: 1. Introduction. – 2. Analytical framework and methodology. – 3. Case Study: the development of intermediary liability for host service providers. – 3.1. Justification of case selection. – 3.2. Host liability under the ECD. – 3.3. The Court’s jurisprudence on host liability. – 3.4. Host liability under the Digital Services Act. –...
Table of Contents: 1. Introduction. – 2. Borders, Markets, Distinctions and Rights. – 3. Conclusion.
Abstract: This editorial introduces the Special Section on 'The Borders Within: Socio-Economic Rights and Non-discrimination in EU Law' whose purpose is to provide a comprehensive and non-...
Table of Contents: 1. Introduction. – 2. Setting the scene: internal market and fundamental rights. – 3. Socio-economic rights in EU law: a legal result of a political decision. – 4. Socio-economic rights from an economic perspective. – 4.1. Labour rights through an economic lens. – 4.2. Economic conditions for and economic implications of social...
Table of Contents: 1. Introduction. – 2. The EU law approach to social rights for migrant EU citizens: conditional equal treatment. – 2.1. Social rights and equal treatment for economically active persons – 2.2. Social rights and equal treatment as EU citizenship rights – 2.3. Social rights as EU fundamental rights – 3. The CG case and the CJEU’s U-...
Table of Contents: 1. Introduction. – 2. The limitations of social rights of EU migrants. – 2.1. Secondary law. – 2.2. The consolidation of the limitations in the case law. 3. The differentiated social rights of non-EU migrants. – 3.1. Accepted limitations to social rights of non-EU migrants. – 3.2. The judicial review of the limitations. – 4....
Table of Contents: 1. Equal treatment and social benefits for third-country nationals in the European Union. – 2. The patchwork approach to social benefits under the EU migration directives. – 3. Equal treatment and access to social benefits under Directive 2003/109. – 4. Equal treatment and social benefits for beneficiaries of international...
