Table of Contents: I. Introduction. – II. Two visions of Europe. – II.1. A first cut at the argument. – II.2. An ever closer union. – II.3. A wider and looser union. – III. Institutional mechanisms of differentiated integration within the EU. – III.1. No “ever closer” monetary integration within the EMU. – III.2. Enhanced cooperation: nature,...
Table of Contents: I. Introduction. – II. Transatlantic regulatory cooperation outside an FTA structure. – III. FTA structures regulatory cooperation and regulation imperatives: conflict or harmony? – III.1. The changing nature of regulation. – III.2. Compatibility of regulation and FTA structures for regulatory cooperation. – IV. Tighter...
Table of Contents: I. Introduction. – II. European Union public procurement law. – III. The three funds. – III.1. Trust Funds. – III.2. The Trust Funds for Syria and Africa. – III.3. The crisis exception in the Trust Fund for Africa. – III.4. Facility for Refugees in Turkey. – IV. Five projects. – IV.1. Civil registries in Mali. – IV.2. Cashews in...
Table of Contents: I. Introduction. – I.1. The perils of parallel proceedings in EU competition law. – I.2. The classification of parallel proceedings and the resumption of proceedings following the annulment of a decision on procedural grounds as an instance of horizontal parallel proceedings. – I.3. The inadequacy of the discretionary...
Table of Contents: I. Introduction. – II. From rights to policies and the interplay between legislation and case law. – III. Ordinary versus constitutional legislation. – IV. Is EU law over-constitutionalised? – V. Conclusion.
Abstract: The influence of the Court of Justice in the...
Table of Contents: I. Introduction: the Achmea judgment. – II. The European Commission's assessment and the EU Member States’ position. – III. Potential consequences for existing BITs, CETA and future trade and investment agreements. – III.1. Various forms of applicable law clauses. – III.2. Extra-EU BITs which are silent on the applicable...
Table of Contents: I. Introduction. – II. Achmea’s relevance as a precedent for Opinion 1/17. – III. Application of the Achmea test to the CETA tribunal. – IV. Conclusion: an Opinion foretold?
Abstract: The Achmea judgment of the Court of Justice...
Table of Contents: I. Introduction. – II. Beyond autonomy: mutual trust applies to investment protection and beyond. – III. The application of Achmea by investor-State tribunals. – IV. The consequences: how Member States have committed to apply Achmea.
Abstract: This Article...
Table of Contents: I. Introduction. – II. A delicate good: autonomy of the EU legal order. – III. Consequences for CETA’s Investment Court System. – IV. Intra-EU BITs: national courts as the guardian of the Union of law. – V. Autonomy as an obstacle to the Union submitting to the jurisdiction of international courts or tribunals. – VI. The future of...
