On a Collision Course! Mutual Recognition, Mutual Trust and the Protection of Fundamental Rights in the Recent Case-law of the Court of Justice

e-Journal

Table of Contents: I. Introduction. – II. Mutual recognition and mutual trust: unattainable stars in the sky? – III. Set on a collision course: the limits of mutual recognition and mutual trust. – IV. Meteor approaching! Fundamental rights and the European arrest warrant. – V. Set on a collision course: from N.S. to the recent case-law...

Reflections on EU Legitimacy and Governing

e-Journal

Table of Contents: I. Introduction. – II. A missing piece: throughput legitimacy. – III. Issues of representation.

Abstract: Carol Harlow provides us with a nuanced and sophisticated assessment of the development of the EU’s formal lawmaking processes and their legitimacy implications. She...

H v. Council: Strengthening the Rule of Law in the Sphere of the CFSP, One Step at a Time

e-Journal

Table of Contents: I. Introduction. – II. A complete system of judicial protection, also in the sphere of the CFSP? – III. In search of the limits of the jurisdictional carve-out: in defence of the ECJ’s incremental approach. – IV. Looking forward: towards a comprehensive approach. – IV.1. A reading of Art. 275 TFEU...

Bottom-up Salvation? From Practical Cooperation Towards Joint Implementation Through the European Asylum Support Office

e-Journal

Table of Contents: I. Introduction. – II. “Support is our mission”: a critical assessment of EASO’s mandate and resources. – II.1. EASO’s mandate: areas of involvement and limitations. – II.2. EASO’s resources: a paper tiger? – III. Operational support: from expert consultants towards an integrated EU administration? – III.1. EASO operational...

Representing the People vs Channelling Them: Constitutional Niceties in an Age of Instant Democratic Gratification. Episode 2: The Supreme Court

e-Journal

Table of Contents: I. The Brexit Judgment. – II. The role of Parliament in Brexit. – III. Conclusion.

Abstract: On 24 January 2017, the Supreme Court of the United Kingdom has decided that the Prime Minister of the United Kingdom cannot serve notice under Article 50 TEU that the UK wishes to leave...

Possibilities and Challenges of the EEA as an Option for the UK After Brexit

e-Journal

Table of Contents: I. The EEA as an alternative post-Brexit? – II. Approaching the challenge of dynamic homogeneity. – III. Legislative sovereignty. – IV. Judicial sovereignty. – V. Changes in the EU Treaties. – VI. Conclusions.

Abstract: During the period leading to the actual Brexit, the UK will have to negotiate new arrangements for...

Minimalist Reflections on Europe, Refugees and Law

e-Journal

Table of Contents: I. Stilo antico. – II. Perfect storm. – III. Tunnel. – IV. NATO. – V. Weakness. – VI. Deal. – VII. Womenandchildren.

Abstract: It is hard to understand the current developments in European refugee law without the benefit of hindsight. This paper refrains from trying to...

Brexit Referendum: Beginning of the End or Just a Turning Point?

e-Journal

The basic facts are well known by now. On 23 June 2016 the voters, by a slim majority, decided that the United Kingdom (UK) should leave the European Union. This has been a major earthquake with political and economic aftershocks going beyond the white cliffs of Dover. They are destined to continue for months, if not years. For the first time in history of the European...

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