Table of Contents: I. Introduction. – II. Reform of epidemic surveillance. – III. Limited attention to decisions. – IV. Linguistic dimension. – V. Diversity and incidence of decisions. – VI. Inspiration for comparison. – VII. Substantial classification of decisions. – VIII. Outlining the doctrine of “standardising” decisions. – IX. Identified...
Table of Contents: I. Introduction. – II. Primary law: migration management and its limits. – III. Secondary legislation: enhanced protection of migrants’ rights. - III.1. Enhancing the rights of migrants – III.2. Promotion of State interests. - IV. Asylum policy: reform failure and circumvention. – IV.1. “Pushbacks” as an extreme form of non-...
Table of Contents: I. The present meaning of State sovereignty. – II. The sovereignty of EU Member States. – III. Concluding remarks.
Abstract: The present Article addresses the issue of the sovereignty of EU Member States from the perspective of general international law. In a first part...
Table of Contents: I. Introduction. – II. The normative positioning of the Union: a new space for the collective exercise of sovereignty. – II.1. Human rights and criminal law, a source of inspiration and legitimacy. – II.2. Normative interpretation and hybridization within the Council practice. – III. “Supplementing” criminal repression? A new...
Table of Contents: I. Introduction. – II. Autonomy in the early theories of sovereignty. – III. A historical hypothesis: autonomy as an institutional tool. – IV. The triumph of autonomy. – V. A change of paradigm: absolute autonomy v offene Staatlichkeit. – VI. Reverse autonomy. – VII. Autonomy of the EU vis-à-vis its Member States...
Abstract: Jurisprudential accounts of the autonomy of EU law have struggled to offer a compelling account of its unique features. Nevertheless, I argue that Ronald Dworkin’s court-centric methodological approach is better-suited than Hartian positivism to shed light on the notion that EU law is autonomous. This is because most questions about the...
Table of Contents: I. I. Introduction. – II. The law of integration. – II.1. The summa divisio of the modern law and the autonomous “sphere of intervention”. – II.2. The concept of law-making treaty and the search for a European constitution. – II.3. Jürgen Habermas and the revision of Kant’s cosmopolitan right. – III. The law of...
Table of Contents: I. The autonomy of EU law and legal theory: bridging the disconnect. – II. Overview of this Special Section.
Abstract: The autonomy of EU law is a source of ample connections between EU law and legal theory. This Special Section contributes to the mutual...
Table of Contents: I. Introduction. – II. Actants. – III. The absence of brute facts. – IV. Valency. – V. Law as proliferation of power. – VI. Increasing adjudicative power. – VII. Increasing regulatory power. – VIII. Conclusion: the importance of inclusion and empowerment.
Abstract: Two...
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