e-Journal
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European Papers - e-Journal - What... Should Have Said
e-Journal
- 1951 reads
What... Should Have Said
Preface: Rewriting Landmark Judgments of the European Court of Justice: A New Project for European Papers and a New Way of ‘Doing EU Law’
Justin Lindeboom...
The Environmental Integration Principle in EU Law: Normative Content and Functions also in Light of New Developments, such as the European Green Deal
e-Journal
- 8451 reads
Table of Contents: Ι. Ιntroduction. – II. The origins and the evolution of the environmental integration principle in International Law. – II. The evolution, legal status, normative content and functions of the environmental integration provision in EU Law. – III.1. The evolution of the environmental integration provision and its legal status in EU...
Taking Stock of Art. 13 TFEU in EU Agriculture: Reading Art. 13 as a Whole
e-Journal
- 9528 reads
Table of Contents: I. Introduction. – II. Evolution of Animal Welfare Law and policy in EU agriculture. – II.1. Minimum animal welfare standards. – II.2. CJEU interpretation. – III. Art. 13 TFEU: mainstreaming animal welfare in EU agriculture policy. – III.1. Legal effect. – III.2. Limitations and tensions. – IV. CJEU reading. – IV.1. Halal...
Unravelling the Complexities of the Horizontal Clauses of Arts 8-13 TFEU: An Explanation of the Special Section
e-Journal
- 2768 reads
Abstract: This explanation presents the Special Section “The horizontal clauses of arts 8-13 TFEU: normative implications, implementation and potential for mainstreaming”, which collects six Articles originally presented at a workshop devoted to the integration clauses of the TFEU held in October 2021. With a view to working...
The Historical Origins of EU Law Primacy, Its Interaction with UK Parliamentary Sovereignty and Brexit Consequences on Other EU Member States
e-Journal
- 8308 reads
Table of Contents: I. Introduction. – II. Orthodox views of parliamentary sovereignty. – II.1. Diceyan orthodoxy observed in Miller. – II.2. Diceyan orthodoxy observed in Cherry/Miller (No 2). – II.3. Hueston’s manner and form observed in the use of referendums. – II.4. Popular sovereignty through referendums. – II.5. Parliamentary sovereignty as it...
The Protection of GIs in EU Bilateral Instruments: Some Reflections in Light of the EU-MERCOSUR Trade Deal
e-Journal
- 4452 reads
Table of Contents: I. Introduction. – II. The legal framework for the protection of GIs in the EU and MERCOSUR. – II.1. European Union. – II.2. MERCOSUR. – III. Relevant rules included in the EU-MERCOSUR Agreement. – IV. Some contentious aspects of the EU-MERCOSUR agreement. – V. Concluding remarks
Abstract:...
The European Social Charter Turns 60: Introduction to the Special Section
e-Journal
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Abstract: Since it was opened for signature by the member States of the Council of Europe (CoE) on 18 October 1961, the European Social Charter (ESC) has developed into an advanced regional system of economic and social human rights protection, although on different modalities than the European Convention of Human Rights’ system. The ESC’s...
They Are not Enforceable, but States Must Respect Them: An Attempt to Explain the Legal Value of Decisions of the European Committee of Social Rights
e-Journal
- 4297 reads
Table of Contents: I. Introduction. – II. A brief overview of the main features of human rights treaty bodies. – III. The legal value of pronouncements of human rights treaty bodies. – IV. The role of the European Committee of Social Rights in monitoring compliance with the European Social Charter. – IV.1. Reporting system. – IV.2. Collective...
From the Principle of Systemic Integration to the Integrated Approach: The Pathway to the Integration of the European Social Charter for the Interpretation of the European Union Charter of Fundamental Rights
e-Journal
- 3746 reads
Table of Contents: I. Introduction. – II. The principle of systemic integration for consistent interpretation of social rights. – II.1. Questioning the application of art. 31(3)(c) of VCLT to ESC and CFREU. – II.2. Seeking a consistent interpretation of the right to social security. – III. The theory of the “integrated approach” strengthening social...