Evidence-Informed Lawmaking and the Use of Evidence by the European Parliament: The Case of Harmful Content in the Digital Services Act

e-Journal

Table of Contents: 1. Introduction. – 1.1. Better lawmaking as a joint effort. – 1.2. Methodology. – 2. Shortcomings in the Commission impact assessment. – 2.1 Regulating platforms’ standard terms. – 2.2. Regulating recommender systems. – 2.3 Evidence, strengths and weaknesses in the impact assessment. – 3. European Parliament’s amendments. – 3.1....

Excessive Data Collection as an Exploitative Abuse Under EU Competition Law

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Table of Contents: 1. Introduction. – 2. The relationship between excessive pricing and excessive data collection. 2.1. United Brands – step 1. – 2.2. United Brands – step 2. – 3. The relationship between unfair trading conditions and excessive data collection. – 4. Excessive data collection in practice: Meta (formerly Facebook...

Between Values and Identity: From Consensus to Conflict?

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Table of Contents: 1. Introduction. – 2. Between two identities: national and European identity in EU law. – 2.1. The concept of European identity in EU law. – 2.2. National identity in the context of EU Law. – 2.3. Interplay between national and European identity. – 3. From consensus to conflict? – 3.1. Identified cases. – 3.2. Which...

Detecting the Footprints of the Legal Reasoning of the Court of Justice: Inquiry into the Citation Methods

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Table of Contents: 1. Simple as it is? – 1.1. Analysis of drafting elements. – 1.2. Interpretative and systematic understanding. – 2. A concise framework to understand the use of precedents by the Luxembourg Court. 3. Case-study 1: a turning point in the case-law on the independence of judges. – 4. Case-study 2: two close episodes...

A Matter of Measure: Proportionality of Penalties and the Soft Dialogue Among Courts in the EU

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Table of Contents: 1. Background. – 2. The strange case of the direct effect of the principle of proportionality of penalties. – 2.1. The NE II judgement and its shift in perspective. – 2.2. Implications of the NE ruling. – 3. Tensions with national constitutional structures: the Italian example. – 4. The Italian Constitutional...

New Dimensions of the Right to an Effective Remedy in the Jurisprudence of the CJEU: At the Intersection of Legal Orders

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Table of Contents: 1. The autonomy of EU law and the right to an effective remedy. – 2. The right to an effective remedy in the CFSP. – 2.1. Elitaliana. – 2.2. H v. Council – 2.3. SatCen. – 2.4. Rosneft – 2.5. Bank Refah Kargaran. – 2.6. KS and KD. – 2.7. Interim conclusion. – 3. EU accession to...

Balancing EU Autonomy and International Obligations: The Evolution of Environmental Access to Justice in EU Law

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Table of Contents: 1. Introduction. – 2. The autonomy of EU law and the integration of international environmental law. – 3. The Aarhus Convention and the EU: procedural autonomy at the intersection of legal orders. – 4. The CJEU’s engagement with the Aarhus Convention and ACCC Findings: navigating internal and external autonomy. – 4.1. The impact...

The Commission v Malta Judgment on Investor Citizenship: The Golden Age of Mutual Trust or the Seeds of a Reverse Luxembourg Compromise?

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Table of Contents: 1. Introduction. – 2. The Maltese investor-citizenship scheme and the judgment of the CJEU. – 3. Analysis of the CJEU’s judgment. – 3.1. Doctrinal reception of the judgment. – 3.2. The nature of EU citizenship: status and substance. – 3.3. Mutual recognition of Member State citizenships. – 3.3.1. A special relationship based on...

The Many Facets of the Autonomy of EU Law: Inside and Outside Views. Introduction to the Special Section

e-Journal

Table of Contents: 1. Setting the scene: EU autonomy and its expanding external dimension – 2. Inside and outside perspectives on EU autonomy – 3. Bridging perspectives: introducing the Special Section – 4. Concluding thoughts.

Abstract: The autonomy of EU law is a foundational principle of the...

Of Snowballs and Yoyos: Some Conceptual Reflections on the Autonomy of the EU Legal Order

e-Journal

Table of Contents: 1. Introduction. – 2. Snowballing: expanding and mushing together autonomy and other principles. – 3. Yoyoing: pivoting between ‘thick’ and ‘thin’ autonomy. – 4. Zooming in: different understandings of autonomy in action. – 4.1. Investment arbitration as the hotbed of recent EU autonomy debates. – 4.2. The EU’s accession to the...

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