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....
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....
Table of Contents: I. Introduction. – II. The pre-assessment. – II.1. The legal question. – II.2. The Court’s rejection of Article 21 CFR. – III. The Court’s assessment of art. 20 CFR. – III.1. “Within the Union itself”. – III.2. Procedural rights – different differently. – III.3. Substantive rights – equals equally. – IV. An alternative way to make...
Table of Contents: I. Introduction. – II. Questioning art. 47’s role in the Opinion procedure. – II.1. Art. 47’s specific scope of application. – II.2. The specific function of art. 47. – III. Judicial protection standards in the opinion procedure. – III.1. Judicial protection as part of the autonomy claim? – III.2. Judicial protection as part of...
Table of Contents: I. Introduction. – II. Provisions on ethics and qualifications of adjudicators in the new generation FTAs. – II.1. CETA, EUVIPA and EUSIPA: what is across the board? – II.2. Codes of conduct in the Agreements – III. The Opinion 1/17 and the ethics and qualifications of Members of ICS Tribunals. – III.1. The issue raised by Belgium...
Table of Contents: I. Introduction. – II. Case overview. – III. Insights from the dossier. – III.1. Documents in the dossier. – III.2. References to political and domestic policies. – III.3. Influential actors in Van Duyn. – III.4. Methodological issues with redaction. – IV. Conclusion.
Abstract:...
Abstract: This Introduction outlines the rationale and genesis of the research project that forms the basis for this collection of Articles, putting it into the context of recent interesting historical and sociological turns in EU law and Court of Justice-focused scholarship. It then identifies and offers initial reflections on a...
Table of Contents: I. Introduction. – II. The hidden sources in written observations: Dassonville and the EEC’s definition of MEEQR. – II.1. New sources revealed. – II.2. MEEQR as an ongoing discussion in EEC institutions. – III. Behind the CJEU formula, the story of wholesalers and the technicity of trade regulations. – III.1. The...
Table of Contents: I. Introduction. – II. The cases selected and the content of the dossiers – III. Re-assessing landmark cases.
Abstract: This Article offers an initial reflection on the output of the “Court of Justice in the Archives” project represented by the case studies included in...
Table of Contents: I. Introduction. – II. Case overview. – III. Insights from the dossier. – III.1. Documents in the dossier. – III.2. References to political and domestic policies. – III.3. Influential actors in Van Duyn. – III.4. Methodological issues with redaction. – IV. Conclusion.
Abstract:...
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