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...
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,...
Table of Contents: I. Historians against memory laws. – II. Historical memory and criminal law. – III. Universal values and particularistic memories. – IV. Populism and memory in Eastern Europe – V. Concluding remarks.
Abstract: This Article examines historians’ protests against memory...
Table of Contents: I. Introduction. – II. Jurisdictional sovereignty: a core element of an elusive concept. – III. EU autonomy as construed by the Court of Justice. – IV. Jurisdictional sovereignty of the EU as a legal construction. – V. Concluding reflections on the Court’s autonomy conception in context.
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Table of Contents: I. Introduction. – II. Fundamental values and the Treaties of Lisbon. – II.1. Which values, and which status or role? – II.2. The EU’s limited competences to act upon, and enforce, its values. – II.3. How common and deep are the Union’s values? – III. Compliance with Art. 2 TEU at the stage of accession. – IV. Enforcement of Art....
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...
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 “...
Table of Contents: I. Introduction. – II. Dealing with the communist past: the Ukrainian case. – II.1. Ukraine’s waves of decommunization. – II.2. Ukrainian memory laws: the decommunization package. – III. Ukraine in the European memory wars. – VI. Conclusions.
Abstract: In April 2015, Ukraine...
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....
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 “...
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