O Tell Me the Truth About the Transfer of Preliminary References to the General Court. Three Narratives to Be Questioned, Two Thorny Issues to Be Introduced and One Scenario to be Addressed as the Main Legacy of the Recent Reform of the CJEU Statute

e-Journal

Table of Contents: 1. Introduction. – 2. Some narratives to be questioned. – 2.1. Dealing with oxymoron: the (alleged) specialisation of the General Court. – 2.2. Reducing (or changing) the workload of the Court of Justice? – 2.3. The constitutionalisation of the Court of Justice (and the multiple meanings thereof). – 3. The main legacy of the...

Access to Written Submissions in Preliminary Reference Proceedings: An Evaluation of the CJEU Statute Reform and its Contribution to Open Justice

e-Journal

Table of Contents: 1. Introduction. – 2. Open justice and human rights: ensuring transparency and accountability through public access. – 2.1. The notion of open justice: scope and constitutive elements. – 2.2. Open justice under international and EU law. – 3. Open justice at the CJEU: evolution, targets achieved and unresolved questions. – 4. The...

A View from the General Court. The Reform for the Transfer of Competence for Preliminary Rulings to the General Court: Issues Concerning Its Implementation

e-Journal

Table of Contents: 1. Introduction. – 2. The partial transfer of jurisdiction in ‘certain specific areas’. – 3. Procedures to determine which judicial body has jurisdiction. – 4. The Chamber designated to deal with the request for a preliminary ruling. – 5. Corrective measures to the division of competences. – 6. The review procedure. – 7. Other...

The Cultural Dimensions of Legal Certainty: A Study on the Use of Intercultural Knowledge in European Law-Application

e-Journal

Table of Contents: 1. Introduction. – 2. Making European law-application more culturally sensitive: the ECtHR’s application of the legal certainty principle as a case-study. – 2.1. The uncertainties of legal certainty and the ECtHR’s assessment of foreseeability and normative precision. – 2.2. Adding shades of social legitimacy to the ECtHR’s...

The Good, the Bad, or the Ugly? The Choice of Legal Basis in EU Digital Finance

e-Journal

Table of Contents: 1. Introduction. – 2. The Good – Article 114 TFEU by default. – 2.1. The EU’s legislative package in digital finance. – 2.2. (Un-)challenged by the Courts. – 3. The Bad – unfit to regulate. – 3.1. The EU’s competences under the economic and monetary policy. – 3.2. The ultra viresclaim. – 4. The Ugly – mind the...

EU Procedural Law Revisited: The Reformed EU Judicial Architecture between the Statute of the Court of Justice and the Rules of Procedure

e-Journal

Table of Contents: 1. Introduction: scope and purposes of the analysis. – 2. The partial transfer of preliminary references from the Court to the General Court. – 2.1. The scope of the General Court’s jurisdiction on preliminary references. – 2.2. The guichet unique mechanism. – 2.3. The procedure for hearing and determining preliminary...

A Case Study of Judicial-Legislative Interactions via the Lens of the DSA’s Host Liability Rules

e-Journal

Table of Contents: 1. Introduction. – 2. Analytical framework and methodology. – 3. Case Study: the development of intermediary liability for host service providers. – 3.1. Justification of case selection. – 3.2. Host liability under the ECD. – 3.3. The Court’s jurisprudence on host liability. – 3.4. Host liability under the Digital Services Act. –...

To Bite Off More than One Can Chew? Climate-led Conditionality in the EU’s Generalised Scheme of Preferences Through the Lens of the Paris Agreement on Climate Change

e-Journal

Table of Contents: 1. Introduction. – 2. Origins and structure of the EU GSP regime. – 3. Climate-led conditionality in the present GSP Regulation. – 3.1. Positive conditionality in the GSP+ scheme: granting additional trade preferences upon ratification and effective implementation of climate-related conventions. – 3.2. Negative conditionality in...

The Borders Within: Socio-economic Rights and Non-discrimination in EU Law. An Introduction to the Special Section

e-Journal

Table of Contents: 1. Introduction. – 2. Borders, Markets, Distinctions and Rights. – 3. Conclusion.

Abstract: This editorial introduces the Special Section on 'The Borders Within: Socio-Economic Rights and Non-discrimination in EU Law' whose purpose is to provide a comprehensive and non-...

Pages

e-Journal

European Forum

e-Journal

Forum Européen

e-Journal

Forum europeo

e-Journal

Foro Europeo