- 1132 reads
Scotland’s Place in Europe After Brexit: Between a Rock and a Hard Place? A Legal Scoping Exercise
- 1225 reads
Table of Contents: I. Introduction. – II. Background: Scotland’s place in the UK. – III. Scotland as part of the UK: the legal options around a special deal. – III.1. EU membership for Scotland as part of the UK? – III.2. Scotland in the single market as part of the UK? – IV. Scotland as an independent country. – IV.1. The path to an independence...
“Only You”: The Emergence of a Temperate Mutual Trust in the Area of Freedom, Security and Justice and Its Underpinning in the European Composite Constitutional Order
- 3391 reads
Table of Contents: I. Introduction: one or many faces of mutual trust in European integration? – II. The (slow but steady) emergence of a temperate mutual trust in the AFSJ: considerations from N.S., Aranyosi and C.K. – III. “Only You”. Why only a temperate understanding of mutual trust is in harmony with the European...
A Question of Jurisdiction: Art. 267 TFEU Preliminary References of a CFSP Nature
- 1299 reads
Table of Contents: I. Ambiguity of the Treaties: jurisdiction. – II. Judgment. – III. Analysis.
Abstract: Can the Court of Justice of the European Union assert jurisdiction and provide a national court with an interpretation of Union law in a case referred to it from a national court...
Towards a Uniform Standard of Protection of Fundamental Rights in Europe?
- 1071 reads
The multiplicity of systems of protection of fundamental rights is certainly a badge of honour for Europe. At present, there are no less than three general instruments of protection applicable to the territories of the Member States: the European Convention of human rights, the Charter of fundamental rights and the plethora of national bills of rights. Their coexistence,...
The Interaction Between Mutual Trust, Mutual Recognition and Fundamental Rights in Private International Law in Relation to the EU’s Aspirations Relating to Contractual Relations
- 4355 reads
Table of contents: I. Introduction. – II. The European Union’s aspirations relating to contractual relations. – II.1. Context: competences to regulate civil matters. – II.2. First-pillar aspirations: contractual relations and the internal market. – II.3. Third-pillar aspirations: contractual relations and the area of freedom, security and justice...
Aleksei Petruhhin: Extradition of EU Citizens to Third States
- 1245 reads
Table of Contents: I. Introduction. – II. Facts and legal background of the case. – III. Extradition of an EU citizen to a third State in light of Art. 18 TFEU. – III.1. Introduction. – III.2. Does extradition of EU citizens to third States on a basis of a bilateral agreement with the Member State fall within the EU law domain? – III....
In Search of a Role to Play: The EU and the War in Syria
- 1179 reads
Table of Contents: I. Downward Spiral. – II. Security provider. - III. Humanitarian assistant. – IV. Mediator. – V. Transitional justice supporter.
Abstract: Driven by the recognition that more needs to be done, the Council of Ministers adopted a new EU Strategy for Syria on the eve of the...
The Child’s Right to Be Heard in the Brussels System
- 3925 reads
Table of Contents: I. Introduction. – II. Child’s right to be heard in human rights treaties. – III. Child’s right to be heard in the Brussels IIa Regulation. – IV. Child’s right to be heard in Member States’ procedural laws. – V. Child’s right to be heard in the Brussels IIa Recast Proposal. – VI. Conclusions.
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The Child’s Right to Be Heard in the Brussels System
- 1336 reads
Table of Contents: I. Introduction. – II. Child’s right to be heard in human rights treaties. – III. Child’s right to be heard in the Brussels IIa Regulation. – IV. Child’s right to be heard in Member States’ procedural laws. – V. Child’s right to be heard in the Brussels IIa Recast Proposal. – VI. Conclusions.
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