Equity as a General Principle in EU External Relations Law

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Table of contents: 1. Introduction. – 2. Equity at a crossroads in international and EU law. – 2.1. Equity in the practice of international and EU law: the long arc of legality. – 2.2. Equity in international and EU law scholarship: never the twain shall meet. – 3. The internationalised triangle: international justice, equity and law. – 3.1....

Democracy at the Borders: Analyzing the Role of Democratic Principles in EU External Relations Law

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Table of contents: 1. Introduction – 2. Democracy in the Constitutional Case Law of the CJEU – 2.1 Protecting the Prerogatives of the European Parliament – 2.2 The Choice of Legal Basis: Titanium Dioxide – 2.3 Limits on the Ability to Delegate Powers to the Executive – 2.4 Democracy versus Institutional Balance – 3. Democracy in...

General Principles in EU External Relations Law and the EU as a Global Actor: An Introduction

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Table of Contents: 1. Introduction – 2. General principles in EU external relations law: constructing a constitutional space for the EU’s external action. – 3. Overview of the contributions

Abstract: This Introduction to the Special Section examines the role of general principles of law (...

When Internal Politics Meet External Duties: Domestic Law in the Trade and Sustainable Development Chapters and How the Retreat of EU Environmental Law Is Breaching Its Bilateral Obligations

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Table of Contents: 1. Introduction. – 2. Domestic Law in TSD Chapters – 2.1. Right to regulate. – 2.2. Upholding levels of protection. – 3. Farewell Green Deal: The retreat of EU environmental law. – 4. How the EU is in breach of its bilateral obligations under the TSD chapters. – 4.1. Obligations under the Right to regulate article. – 4.2....

‘Unfreezing’ EU Funds at a Whim? A Critical Assessment of the Institutional Practices in Unfreezing EU Funds in the Scope of Budgetary Conditionality Mechanisms

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Table of Contents: 1. Introduction – 2. Protecting and strengthening the Rule of Law in the European Union through budgetary conditionality mechanisms – 2.1. The Conditionality Regulation – 2.2. The Recovery and Resilience Facility – 2.3. The Common Provisions Regulation – 2.4. Overview: which EU funds have been frozen under which Regulation...

The Never-Ending Story of PNR Profiling and Surveillance of Movement in the EU

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Table of Contents: 1. Introduction – 2. The EU PNR Directive: a historical background and main elements – 3. PNR profiling as a measure of law enforcement cooperation stricto sensu or border control – 3.1. The ‘pre-screening’ purpose of PNR processing – 3.2. Old friends with new powers: passenger information units – 3.3. Advanced...

The Future of Digitalisation in EU Law Enforcement: Introduction to the Second Part

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The first part of the Special Section highlighted the profound transformation of EU law enforcement through the use of new technologies that facilitate, promote and mandate all the more exchanges of personal data across EU Member States and agencies, the move towards the co-option of the private sector in assuming quasi-public functions relating to law enforcement and the...

Financial Intelligence Units (FIUs) in the Anti-Money Laundering Regime under Reform: An Enquiry into the Privacy and Data Protection Challenges

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Table of Contents: 1. Introduction. – 2. The evolving nature of the European anti-money laundering regime. – 2.1. The EU AML Directives and the international AML regime. – 3. The powers of FIUs. – 4. The new AML regime and the developments regarding the FIUs’ access to information. – 4.1. Financial, administrative and law enforcement...

Platforms, Online Surveillance, and the European Union: The Digital Services Act (DSA)

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Table of Contents: 1. Introduction. – 2. State of the art. – 2.1. European online surveillance between content moderation and digital constitutionalism. – 2.2. Platforms and the shaping of information dissemination. – 3. Platforms, online surveillance, and the DSA. – 3.1. Proliferation of government measures targeting online expression. –...

A Typology of Automated Law Enforcement Systems Under EU Law: What Standards for Defence Rights?

e-Journal

Table of Contents: 1. Introduction. – 2. AI-powered law enforcement. – 2.1. Typology. – 2.2. Critical reflections with a focus on the transition from high-risk to minimal-risk AI in law enforcement settings. – 3. What standards for defence rights in the era of AI? – 3.1 Implications for defence rights. – 3.2 How to safeguard defence rights in times...

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