Table of Contents: I. Introduction. – II. Fundamental freedoms and fundamental rights in EU law. – III. Comparability of the case law of the Court of Justice and the US Supreme Court on conflicts of rights. – IV. Criticisms related to the Court of Justice case law. – IV.1. Hierarchy. – IV.2. Balancing by the Court of Justice. – IV.3. Fundamental...
On 12 September 2018, two events occurred, both with considerable legal and political implications, and seemingly inspired by different conceptions about the role of European fundamental values and principles.
The first event is a resolution adopted by the European Parliament – on the basis of a large majority – calling upon the Council to determine...
Abstract: The Articles that form part of this Special Section propose four readings of "crisis" across various problem areas in European Union law and governance (financial and debt, migration, nationalism and populism) towards possible ways of crisis resolution. As guest editor of this Special Section (in two parts), I read the...
Table of Contents: I. Introduction. – II. Institutionalising interdependence. – II.1. The institutions of interdependence. – II.2. Interdependence through law? – II.3. 1992-2019: Ever further interdependence? – III. Institutionalising contestation. – III.1. Beyond the regulatory polity. – III.2. Beyond the individual. – III.3. Beyond uniformity. –...
Table of Contents: I. La previsión de Habermas. – II. La estabilidad del mundo de la vida como condición. – III. Foucault y el neoliberalismo como solución. – IV. La previsión kantiana. – V. La imposibilidad de un escenario schmittiano.
Abstract: In the framework of his theory of social evolution,...
On 12 September 2018, two events occurred, both with considerable legal and political implications, and seemingly inspired by different conceptions about the role of European fundamental values and principles.
The first event is a resolution adopted by the European Parliament – on the basis of a large majority – calling upon the Council to determine...
Table of Contents: I. Introduction. – II. Background to the dispute and the questions referred. – III. Jurisdiction: The criticism. – IV. The Court and preliminary rulings. – IV.1. Law. – IV.2. Politics. – V. Conclusion.
Abstract: The landmark decision of the Court of Justice in Rosneft (...
Table of Contents: I. Introduction. – II. Pluralistic constitutional pluralism? Disaggregating constitutional pluralism. – II.1. Strategic pluralism. – II.2. Pluralistic federalism. – II.3. Judicial pluralism. – II.4. Pluralistic pluralism or pluralistic federalism? – III. The empirical shock: the second and the third European transformations. – III...
Table of Contents: I. Introduction. – II. Institutionalising interdependence. – II.1. The institutions of interdependence. – II.2. Interdependence through law? – II.3. 1992-2019: Ever further interdependence? – III. Institutionalising contestation. – III.1. Beyond the regulatory polity. – III.2. Beyond the individual. – III.3. Beyond uniformity. –...
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