- 981 reads
Opinion 1/17 and Its Themes: An Overview
- 3601 reads
Table of Contents: I. Introduction. – II. Autonomy. – III. The principle of equal treatment and effectiveness. – IV. The right of access to an independent tribunal.
Abstract: This Article introduces the Special Section on “Opinion 1/17: Between European and International Perspectives”, by...
Opinion 1/17: Autonomy of EU Legal Order and the Conflicting Context of International Investment Arbitration
- 5549 reads
Table of Contents: I. Introduction. – II. The concept of autonomy. – III. The fundamental aspects of the principle of autonomy in the light of Opinion 1/17. – III.1. Opinion 1/17 and the allocation of competences. – III.2. Opinion 1/17 and the preliminary reference procedure. – III.3. Opinion 1/17 and the control of EU law. – IV. Evaluating the...
Opinion 1/17 and Its Themes: An Overview
- 1667 reads
Table of Contents: I. Introduction. – II. Autonomy. – III. The principle of equal treatment and effectiveness. – IV. The right of access to an independent tribunal.
Abstract: This Article introduces the Special Section on “Opinion 1/17: Between European and International Perspectives”, by...
The Legacy of Opinion 1/17: To What Extent Is the Autonomous EU Legal Order Open to New Generation ISDS?
- 3806 reads
Table of Contents: I. Introduction. – II. EU and a reformed international investment order. – II.1. Post-Lisbon intra-EU developments and traditional ISDS clauses. – II.2. ISDS Novelty outdated? Commission’s reform agenda and the comprehensive economic and trade agreement with Canada (CETA). – II.3. Main legal issues connected to the new generation...
Opinion 1/17: Autonomy of EU Legal Order and the Conflicting Context of International Investment Arbitration
- 1427 reads
Table of Contents: I. Introduction. – II. The concept of autonomy. – III. The fundamental aspects of the principle of autonomy in the light of Opinion 1/17. – III.1. Opinion 1/17 and the allocation of competences. – III.2. Opinion 1/17 and the preliminary reference procedure. – III.3. Opinion 1/17 and the control of EU law. – IV. Evaluating the...
Between Fiction and Reality: The External Autonomy of EU Law as a 'Shapeshifter' After Opinion 1/17
- 3401 reads
Table of Contents: I. Eureka moments. – II. A strict versus a lenient approach: hypotethicals, fictions and cursory analyses. – II.1. Hypotethicals can make the difference between a strict or a lenient approach. – II.2. Fictions and assumptions used as legal arguments. – II.3. Not analysing an issue thoroughly enough. – III....
The Legacy of Opinion 1/17: To What Extent Is the Autonomous EU Legal Order Open to New Generation ISDS?
- 1133 reads
Table of Contents: I. Introduction. – II. EU and a reformed international investment order. – II.1. Post-Lisbon intra-EU developments and traditional ISDS clauses. – II.2. ISDS Novelty outdated? Commission’s reform agenda and the comprehensive economic and trade agreement with Canada (CETA). – II.3. Main legal issues connected to the new generation...
Litigating Human Rights Disputes Against the EU and the Member States: Some Reflections in Light of Opinion 1/17
- 3523 reads
Table of Contents: I. Introduction. – II. The case law of the European Court of Human Rights on the responsibility of EU Members States under the European Convention of Human Rights (ECHR). – III. Overview of the internalisation model. – IV. Adaptability of the internalisation model to human rights litigation. – V. Conclusions....
Between Fiction and Reality: The External Autonomy of EU Law as a 'Shapeshifter' After Opinion 1/17
- 1419 reads
Table of Contents: I. Eureka moments. – II. A strict versus a lenient approach: hypotethicals, fictions and cursory analyses. – II.1. Hypotethicals can make the difference between a strict or a lenient approach. – II.2. Fictions and assumptions used as legal arguments. – II.3. Not analysing an issue thoroughly enough. – III....
























