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...
Table of Contents: I. Divorcing sovereignty from the state. – II. The post-traditional conception of sovereignty. – III. A functionally sovereign European Union.
Abstract: Since the Peace of Westphalia sovereign political entities have unexceptionally been States and sovereignty has been thus long...
Table of Contents: I. Introduction. – II. Historical background. – III. The ruling of the Constitutional Court of Lithuania of 18 March 2014 and the judgment of the Grand Chamber of the European Court of Human Rights in the case of Vasiliauskas v. Lithuania – their impact on the case-law of the Lithuanian courts in the genocide cases – III....
Table of Contents: I. Introduction. – II. The “reforms” of the national council of judiciary and the Supreme Court. – III. The Court of Justice judgment. – IV. The EU-friendly face of the Supreme Court. – V. The restrained face of the Supreme Court. – VI. Conclusions.
Abstract: The present ...
Table of Contents: I. No European sovereignty... – II. ... But a "Europeanised" (concept of) sovereignty.
Abstract: "European sovereignty" seems at first sight to be a misnomer. The EU is not sovereign in the classical sense of the word. By contrast, it can be argued that the EU transforms national...
Table of Contents: I. Introduction. – II. Trade with occupied territories, a delicate matter. – III. Analysis of the Psagot judgment in light of Brita & co. – IV. Conclusions.
Abstract: This Insight is dedicated to a...
After 47 years of membership, the United Kingdom has left the European Union at the end of January 2020. Boris Johnson, the UK’s Prime Minister and prominent, if not accidental, face of the Vote Leave camp was at freedom to strike a gong and tick a box on his “to do” list. According to Downing Street 10, Brexit was done and dusted, exactly as promised during the election...
Table of Contents: I. Introduction. – II. The duty of non-recognition: the Commission’s Interpretative Notice versus the Court’s judgment. – III. Consumer law and the duty of non-recognition: a poor fit. – IV. Importation of settlement products as implicit recognition. – V. Concluding observations.
Abstract:...
Table of Contents: I. Introduction. – II. The selective nature of Union Citizenship. – III. The right to live in another Member State. – IV. The right to equal treatment. – V. The family rights of mobile citizens. – VI. Adjudication rights. – VII. Separate, privileged, threatening. – VIII. The logic of Union Citizenship. – IX. Conclusion....
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