“Effective Judicial Review Is of the Essence of the Rule of Law”: Challenging Common Foreign and Security Policy Measures Before the Court of Justice

e-Journal

Table of Contents: I. Introduction. – II. The legal framework. – III. Limiting the Court’s jurisdiction. – IV. The Exception: judicial review of CFSP acts. – V. Grounds for and intensity of review. – VI. Conclusion.

Abstract: This Article discusses the role of the Court of Justice in...

Administering EU Development Policy: Between Global Commitments and Vague Accountability Structures

e-Journal

Table of Contents: I. Introduction. – II. Legal framework. – II.1. The hard law: the Cotonou Convention and EU Regulations: multilateral or unilateral? – II.2. Post legislative guidance and the real world of implementing EU assistance. – II.3. The European Investment Bank: what role for voluntary policies? – III. Court and EO practice: setting the...

The Dublin III System: More Derogations to the Duty to Transfer Individual Asylum Seekers?

e-Journal

Table of Contents: I. Introduction. – II. Facts and legal issues before the Court. – III. Key aspects of the opinion of the Advocate General and the judgment. – IV. Comments. – IV.1. One step forward. – IV.2. Mutual trust unaffected. – IV.3. The relationship with the ECHR and the case law of the European Court of Human Rights:...

External Migration and Asylum Management: Accountability for Executive Action Outside EU-territory

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Table of Contents: I. Introduction. – II. EU visa policy. – II.1. Judicial review of decisions. – II.2. Judicial review in case of representation. – II.3. Humanitarian visa. – II.4. The extra-territorial applicability of the Charter. – III. Refugee resettlement. – III.1. EU Resettlement initiatives. – III.2. Resettlement in the refugee crisis. – III...

Procedural Rights in the Context of Restrictive Measures: Does the Adversarial Principle Survive the Necessities of Secrecy?

e-Journal

Table of Contents: I. Introduction. – II. The legal framework concerning restrictive measures. – III. The development of the right of access to the file. – IV. Access to “secret evidence” by the CJEU. – V. Conclusions.

Abstract: Safeguarding fundamental procedural rights in the context of security...

Procedural Rights in the Context of Restrictive Measures: Does the Adversarial Principle Survive the Necessities of Secrecy?

e-Journal

Table of Contents: I. Introduction. – II. The legal framework concerning restrictive measures. – III. The development of the right of access to the file. – IV. Access to “secret evidence” by the CJEU. – V. Conclusions.

Abstract: Safeguarding fundamental procedural rights in the context of security...

“Effective Judicial Review Is of the Essence of the Rule of Law”: Challenging Common Foreign and Security Policy Measures Before the Court of Justice

e-Journal

Table of Contents: I. Introduction. – II. The legal framework. – III. Limiting the Court’s jurisdiction. – IV. The Exception: judicial review of CFSP acts. – V. Grounds for and intensity of review. – VI. Conclusion.

Abstract: This Article discusses the role of the Court of Justice in...

Is There an Accountability Gap in EU External Relations? Some Initial Conclusions

e-Journal

Abstract: This short Article draws together some conclusions based on the contributions to the Special Section “The New Frontiers of EU Administrative Law: Is there a Gap in EU External Relations?”. It concludes first that external action is a rich field in the application of EU administrative law. External policies are implemented...

Is There an Accountability Gap in EU External Relations? Some Initial Conclusions

e-Journal

Abstract: This short Article draws together some conclusions based on the contributions to the Special Section “The New Frontiers of EU Administrative Law: Is there a Gap in EU External Relations?”. It concludes first that external action is a rich field in the application of EU administrative law. External policies are implemented...

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