- 2220 reads
Winter Is Coming. The Polish Woodworm Games
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The political developments in Poland, which took place in course of the past two years, have brought very chilling eastern winds to Brussels. In a relatively short period of time, one of the success stories of economic (and seemingly of political) transformation and the EU enlargement policy has become a pariah and a tough cookie to crack for the many across Europe. The...
Opinion 1/15: The Court of Justice Meets PNR Data (Again!)
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Table of Contents: I. Introduction. – II. Legal and factual background. – III. Opinion of AG Mengozzi. – IV. Opinion of the Court of Justice. – V. Analysis. – VI. Conclusion.
Abstract: This Overview considers Opinion 1/15 of 26 July 2017 of the Court of Justice on the EU-Canada...
Opinion 2/15: Sustainable Is the New Trade. Rethinking Coherence for the New Common Commercial Policy
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Table of Contents: I. Introduction: objectives v. policies, a new balance for coherence. – II. General v. policy-linked objectives: into the logics of constructive interpretation. – III. The new policy stretch: “effects” and “special link” reloaded. – IV. Objectives v. competences: material coherence without substance....
The Recurrent Crisis of the European Union’s Common Commercial Policy: Opinion 2/15
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Table of Contents: I. Introduction. – II. The Opinion of the Court. – III. Analysis of Opinion 2/15. – IV. Concluding remarks.
Abstract: Opinion 2/15 (Court of Justice, opinion of 16 May 2017) represents just the latest example of the persistent crisis that affects the CCP. The EU’s CCP has...
Exercises in Legal Acrobatics: The Brexit Transitional Arrangements
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Table of Contents: I. Introduction. – II. Art. 50 TEU: does it provide for a transitional arrangement? – III. Art. 50 TEU as a transition. – IV. Tailor-made transitional arrangement. – IV.1. Introduction. – IV.2. Where to regulate a transitional arrangement? – IV.3. Institutional and substantive aspects of a tailor-made transitional arrangement. – V...
Explaining the EU’s Legal Obligation for Democracy Promotion: The Case of the EU-Turkey Relationship
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Table of Contents: I. Introduction. – II. The “democracy” in EU democracy promotion. – III. The EU-Turkey relationship. – IV. Analysing democracy promotion in the EU-Turkey relationship. – IV.1. Positive/express democracy promotion. – IV.2. Negative/express democracy promotion. – IV.3. Positive/implied democracy promotion. – IV.4. Negative/implied...
Integration in European Defence: Some Legal Considerations
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Table of Contents: I. Introduction. – II. Reasons for the inclusion of EDU provisions in the Lisbon Treaty and their rationale. – III. Legal considerations. – III.1. The options. – III.2. Establishment of Permanent Structured Cooperation. – III.3. Functioning. – III.4. Purpose. – III.5. Funding. – IV. Conclusion.
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Foreword
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In an earlier issue, European Papers hosted a comment by Eva Kassoti on the Court of Justice’s decision in case C-104/16 P, Council of the European Union v. Front Polisario.
The comment has triggered a number of reactions, some of which requesting that the critical points it made be counterbalanced by different views. Aware of the...
“Self-determination at the European Courts: The Front Polisario Case” or “The Unintended Awakening of a Giant”
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Table of Contents: I. Introduction. – II. Some factual elements of the Western Sahara dispute. – III. The Association Agreement and the proceeding before the General Court in the Case T-512/12. – IV. The Court of Justice judgment of 21 December 2016. – V. The right to self-determination and the Front Polisario case. – VI....