Table of Contents: I. Introduction. – II. The incorporation of Directive 2004/38 into EEA law: legal framework. – III. The meaning of the reservation according to the EFTA Court’s obiter dictum in Wahl. – IV. Other EFTA Court case law on Directive 2004/38 in the EEA context. – IV.1. Unproblematic in the present writer’s...
It is possible that the 29th of March 2019 will be considered as the date on which the Union has ceased to be a quarrelsome community of sovereign States and has become a community of destiny.
This may well occur if, on that date, EU law will cease to apply to the UK, thus transforming the withdrawal of that State into a disorderly and...
Table of Contents: I. Introduction. – II. Fundamental freedoms and fundamental rights in EU law. – III. Comparability of the case law of the Court of Justice and the US Supreme Court on conflicts of rights. – IV. Criticisms related to the Court of Justice case law. – IV.1. Hierarchy. – IV.2. Balancing by the Court of Justice. – IV.3. Fundamental...
On 12 September 2018, two events occurred, both with considerable legal and political implications, and seemingly inspired by different conceptions about the role of European fundamental values and principles.
The first event is a resolution adopted by the European Parliament – on the basis of a large majority – calling upon the Council to determine...
Table of Contents: I. Introduction. – II. Institutionalising interdependence. – II.1. The institutions of interdependence. – II.2. Interdependence through law? – II.3. 1992-2019: Ever further interdependence? – III. Institutionalising contestation. – III.1. Beyond the regulatory polity. – III.2. Beyond the individual. – III.3. Beyond uniformity. –...
Table of Contents: I. Introduction. – II. Background to the dispute and the questions referred. – III. Jurisdiction: The criticism. – IV. The Court and preliminary rulings. – IV.1. Law. – IV.2. Politics. – V. Conclusion.
Abstract: The landmark decision of the Court of Justice in Rosneft (...
Table of Contents: I. Introduction. – II. We are one, but we are not the same. The Mallis case and the accountability of the Eurogroup and the Board of Governors. – II.1. The Cypriot bail-out. – II.2. The Mallis case. – II.3. The political and legal accountability of the Eurogroup. – III. The man the authorities came to blame? The...
Abstract: The Articles that form part of this Special Section propose four readings of "crisis" across various problem areas in European Union law and governance (financial and debt, migration, nationalism and populism) towards possible ways of crisis resolution. As guest editor of this Special Section (in two parts), I read the...
Table of Contents: I. La previsión de Habermas. – II. La estabilidad del mundo de la vida como condición. – III. Foucault y el neoliberalismo como solución. – IV. La previsión kantiana. – V. La imposibilidad de un escenario schmittiano.
Abstract: In the framework of his theory of social evolution,...
