The celebrated work of Niccolò Machiavelli, The Prince, opens with a concise yet terse sentence: “[a]ll states and governments that ever ruled over men have been either republics or monarchies”. This blunt sentence summarises, in a nutshell, the two dilemmas of the political thought of the antiquities: the dilemma about the form of government and the dilemma about...
Table of Contents: I. Introduction. – II. A brief (constitutional) history of Kosovo. – III. Human rights in Kosovo’s legal order. – III.1. Constitutional integration. – III.2. Judicial application. – IV. Standard-setting, monitoring and cooperation mechanisms. – IV.1. The Horizontal Facility. – IV.2. Other programmes and projects. – IV.3. From...
Table of Contents: I. Setting the scene: introductory remarks. – II. The possibility to reopen a case and ne bis in idem: main theoretical issues. – III. Retrial and ne bis in idem in Europe through the lens of the Charter, the ECHR and the CISA. – IV. A focus on the ECHR: Art. 4 of Protocol 7 as a benchmark for cases reopening in...
Table of Contents: I. Introduction. – II. A brief (constitutional) history of Kosovo. – III. Human rights in Kosovo’s legal order. – III.1. Constitutional integration. – III.2. Judicial application. – IV. Standard-setting, monitoring and cooperation mechanisms. – IV.1. The Horizontal Facility. – IV.2. Other programmes and projects. – IV.3. From...
Table of Contents: I. Introduction. – II. Air quality and EU law. – III. The CJEU’s case law on AQD. – III.1. Public enforcement. – III.2. Private enforcement. – IV. The JP judgement: no right to seek damages caused by air pollution. – IV.1. Damages are no longer a necessary corollary of direct effect. – IV.2. Member Staes liability for...
Table of Contents: I. Setting the scene: introductory remarks. – II. The possibility to reopen a case and ne bis in idem: main theoretical issues. – III. Retrial and ne bis in idem in Europe through the lens of the Charter, the ECHR and the CISA. – IV. A focus on the ECHR: Art. 4 of Protocol 7 as a benchmark for cases reopening in...
Abstract: The functioning of the Schengen area and, more broadly, of European external borders, have been under considerable strain due to increased migration flows, the COVID-19 pandemic and security threats. These developments have tested Member States’ and EU agencies’ compliance with EU rules and principles, and the viability of the
...Table of Contents: I. Introduction. – II. The two-step accession to Schengen. – II.1. Schengen accession under primary law. – II.2. Schengen accession under secondary law. – III. Application of the Schengen acquis in Schengen candidate states. – III.1. Binding but not applicable. – III.2. Defining Schengen’s external borders. – III.3. The...
Table of Contents: I. Introduction. – II. Thinking infrastructurally about Schengen. – III. Schengen as legal infrastructure. – IV. Infrastructural connections beyond the EU. – V. Conclusion.
Abstract: Human mobility has always been a pre-condition for human development, yet few issues today remain...
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