e-Journal
- 1166 reads
Abstract: This note is a brief response to Professor Azoulai's reaction (On Dubious Parallels: The Transnational Europeans and the Jews. A Note on Gareth Davies’ Article, in European Papers, Vol. 5, 2020, No 1, forthcoming,...
Re-connecting Authority and Democratic Legitimacy in the EU: Introductory Remarks
e-Journal
- 4493 reads
Table of Contents: I. The disconnection between the loci of authority and those of democratic control. – II. The competence problem in the Union. – III. Reconciling Europe with its citizens through democracy and rule of law. – IV. Scope and contents.
Abstract: One of the main problems the Union has...
European Forum (European Papers, Vol. 5, 2020, No 1)
e-Journal
- 2511 reads
The Dichotomy Between “Input Legitimacy” and “Output Legitimacy” in the Light of the EU Institutional Developments
e-Journal
- 1307 reads
Table of Contents: I. The dichotomy’s original purposes. – II. The distinction between redistributive and regulatory policies. – III. The financial crisis and the emergence of an EU “twin legitimacy deficit”. – IV. Pringle and Gauweiler as symptoms of the contradictory response to the financial crisis. – V. The pivotal role of...
The European Form of Family Life: The Case of EU Citizenship
e-Journal
- 1219 reads
Table of Contents: I. Family life as a European legal form. – I.1. Family life and social life: the impotence of European Union law? – I.2. The family as a “form of life”: an existential approach to European Union law. – I.3. Law and forms of European family life: starting with concrete lives. The case of citizenship. – II. The European de-formation...
Taking the Language of “European Sovereignty” Seriously
e-Journal
- 1243 reads
Table of Contents: I. Introduction. – II. The weakness of the concept of European (Union) sovereignty. – III. The strengths of the language of “European sovereignty”. – IV. Conclusion.
Abstract: This Insight argues that the rise and spread of the notions of “European sovereignty” and “...
The Legitimacy of the EU in Historical Perspective: History of a Never-ending Quest
e-Journal
- 5431 reads
Table of Contents: I. Introduction. – II. The Treaty of Paris and the introduction of supranationality. – III. The idea of legitimacy as legality in the Treaty of Rome. – IV. Mechanisms for legitimacy through democratic rule in the Treaty of Rome. – V. Concluding remarks.
Abstract: This Article...
Poland Before the Court of Justice: Limitless or Limited Case Law on Art. 19 TEU?
e-Journal
- 5682 reads
Table of Contents: I. Introduction. – II. The broad interpretation of Art. 19 TEU. – II.1. An ideal holistic approach to judicial independence. – II.2. The broadening of the material scope of Art. 19 TEU. – III. The paradox of the limited effects of the case law on Art. 19 TEU. – III.1. An unlikely limit: denying Art. 19 TEU direct effect. – III.2....
The Double Face of the Rule of Law in the European Legal Order: An Administrative Law Perspective
e-Journal
- 1218 reads
Table of Contents: I. The paradox of the European rule of law. – II. The rule of law in the modern State and in the European legal order. – III. The genetic heritage of the rule of law in the European legal order. – IV. Technocratic legitimacy and the progressive construction of a living constitution. – V. Administrative law and constitutional law...
Transnational Judicial Review in Horizontal Composite Procedures: Berlioz, Donnellan, and the Constitutional Law of the Union
e-Journal
- 1387 reads
Table of Contents: I. Introduction. – II. The case of Berlioz: towards transnational judicial review. – III. Transnational judicial review and the constitutional law of the Union. – III.1. The right to an effective judicial remedy. – III.2. Other principles of constitutional law of the Union. – IV. The case of Donnellan: one step...
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