Table of Contents: 1. Introduction. – 2. What is the PQD, and what is left of it in contemporary constitutional systems. – 3. The subtle emergence of a PQD in the case law of the ECJ. – 4. A PQD in EU law. – 5. Concluding remarks.
Abstract: This article examines the emergence of a...
Table of Contents: 1. Introduction. – 2. ECB supervision of banks. – 3. On-site visits, extraterritorial enforcement and international law. – 4. International agreements concerning extraterritorial inspections. – 4.1. Memoranda of Understanding and on-site visits. – 4.2. Qualifying the ECB MoUs under international law. – 5. The legal status of MoUs...
Table of Contents: 1. Introduction. – 2. Conceptual framework: ‘models of constitutional accommodation’ in domestic and international law. – 2.1. Emergency provisions in constitutional documents. – 2.2. Emergency provisions in international Treaties. – 3. From a system of safeguard clauses to a system of emergency clauses: the changing shape of EU...
Table of Contents: 1. Introduction – 2. Facts of the case and questions referred – 3. Opinion of Advocate General Ćapeta – 4. Judgment of the Court – 5. Analysis of selected issues concerning the Court’s jurisdiction – 5.1. In the shadow: fundamental rights protection as a question of competence – 5.2. Categorization of restrictive measures: binary...
Table of Contents: 1. Introduction. – 2. The UK-France Declaration and the UK-Germany Treaty. – 3. The old doctrine of vital interests. – 4. The overlap with the 1949 North Atlantic Treaty. – 5. Conclusions.
Abstract: The UK-France joint nuclear statement of 10 July 2025 and the Treaty between the...
Table of Contents: 1. Introduction. – 2. The challenge of defining minimal democratic standards. – 3. Ensuring the European’s Parliament’s democratic character. – 3.1. Existing rules and jurisprudence. – 3.2. The case for reinterpretation of the Direct Suffrage Act. – 3.3. Operationalising a reinterpretation of the Direct Suffrage Act. – 4. Ensuring...
Table of Contents: 1. Introduction. – 2. Background. – 3. Judgment of the General Court. – 3.1. Against a narrow reading of possession. – 3.2. Obligation to provide plausible explanations. – 3.3. Document registration. – 4. Plus ça change. – 4. Conclusion.
Abstract: On May 14, 2025 the Grand Chamber of the...
Table of Contents: 1. Introduction. – 2. The (limited) substance of the judgment in Commission v Malta: what it says about citizenship per se. – 3. The concrete expression of solidarity. – 4. EU citizenship is based on mutual trust. – 4.1. How has mutual trust been applied in the internal market already? – 4.2. How could mutual trust impact upon Union...
Table of Contents: 1. Introduction. – 2. Some narratives to be questioned. – 2.1. Dealing with oxymoron: the (alleged) specialisation of the General Court. – 2.2. Reducing (or changing) the workload of the Court of Justice? – 2.3. The constitutionalisation of the Court of Justice (and the multiple meanings thereof). – 3. The main legacy of the...
‘The most relevant overhaul of the Union’s judiciary since the creation of the Court of First Instance in 1989’.[1] ‘The genie out of the bottle’....
