Table of Contents: I. Introduction. – II. Starting from the end: the Rule of Law conditionality mechanism. – III. Rule of law, mutual trust, and the macroeconomic dimension. – IV. The EU Rule of Law as an instrument of political dominance. – V. Some provisional conclusions.
Abstract: This ...
Table of Contents: I. Introduction: continuity and change in the NGEU. – II. The NGEU: brief overview and main features. – III. Conditionality in the original formulation of the RRF. – III.1. The approval and the implementation of the plans: functioning and institutional balance. – III.2. The goals of conditionality under the RRF and their use by...
Table of Contents: I. Introduction. – II. The use of conditionality instruments in EU law – III. Varieties of conditionality instruments. – IV. The governance of conditionality under the RRF. – IV.1. Thematic conditions and the implementation of EU policy goals. – IV.2. Macroeconomic conditions as the leverage of reforms. – IV.3. The rule of law...
Table of Contents: I. Introduction. – II. Protecting European financial interests moving beyond the assimilation principle: some examples and their implications from the criminal law perspective. – III. “Beyond” or “below” the assimilation principle with the NRRP? The administrative law point of view. – III.1. Are European standards steering the...
Table of Contents: I. Introduction. – II. Biases and noise: mapping the debate. – II.1. Cognitive biases. – II.2. Noise. – II.3. Bias and noise in competition law procedure. – III. The promises: debiasing, accelerating, prioritizing. – IV. The pitfalls: biasing again. – V. The need for a four-eyes principle. – VI. Conclusion....
Table of Contents: I. Introduction. – II. The right to avoid self-incrimination in EU competition law. – II.1. The right to avoid self-incrimination in the Charter of Fundamental Rights: Article 6 ECHR as a starting point. – II.2. A specific right to avoid self-incrimination in EU competition law enforcement? – III. Protection against self-...
Table of Contents: I. Introduction. – II. Data set and general analysis of CJEU case law. – II.1 The data set. – II.2 Overall findings. – III. Financial assistance programmes. – IV. The ECB’s monetary crisis measures. – V. Banking union. – VI. Conclusions.
Abstract: During the past ten years or so...
Table of Contents: I. Introduction – II. The content of Opinion 1/17 – II.1. Compliance of the investment court system framed in CETA with the principle of autonomy of the EU legal order – II.2. Compliance of the investment court system framed in CETA with the right of access to an independent tribunal – III. Assessing the compatibility of first-...
Abstract: Technological disruption is drastically changing the way rules are made and applied. This special section, consisting of five articles, is dedicated to exploring the impact of automated decision-making (ADM), and in particular artificial intelligence (AI) systems, on the enforcement of EU law. To this end, rather than deriving legal...
Table of Contents: I. Introduction. – II. The state of use of AI tax enforcement algorithms in the EU. – II.1. The use of AI fiscal governance tools in context. – II.2. The typology of AI fiscal governance tools. – III. Should AI fiscal governance tools be regarded as high-risk systems? – III.1. The regulatory structure of the EU Artificial...
