The Dichotomy Between “Input Legitimacy” and “Output Legitimacy” in the Light of the EU Institutional Developments

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Table of Contents: I. The dichotomy’s original purposes. – II. The distinction between redistributive and regulatory policies. – III. The financial crisis and the emergence of an EU “twin legitimacy deficit”. – IV. Pringle and Gauweiler as symptoms of the contradictory response to the financial crisis. – V. The pivotal role of...

The European Form of Family Life: The Case of EU Citizenship

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Table of Contents: I. Family life as a European legal form. – I.1. Family life and social life: the impotence of European Union law? – I.2. The family as a “form of life”: an existential approach to European Union law. – I.3. Law and forms of European family life: starting with concrete lives. The case of citizenship. – II. The European de-formation...

History and Interpretation in the Fundamental Law of Hungary

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Table of Contents: I. Introduction. – II. Historical constitution. – III. Constitutional identity. – IV. Christian culture. – V. History and interpretation. – V.1. Achievements of the historical constitution. – V.2. Constitutional identity. – V.3. Christian culture. – VI. Conclusion: partisan tendencies and neutralising efforts....

The Double Face of the Rule of Law in the European Legal Order: An Administrative Law Perspective

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Table of Contents: I. The paradox of the European rule of law. – II. The rule of law in the modern State and in the European legal order. – III. The genetic heritage of the rule of law in the European legal order. – IV. Technocratic legitimacy and the progressive construction of a living constitution. – V. Administrative law and constitutional law...

Transnational Judicial Review in Horizontal Composite Procedures: Berlioz, Donnellan, and the Constitutional Law of the Union

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Table of Contents: I. Introduction. – II. The case of Berlioz: towards transnational judicial review. – III. Transnational judicial review and the constitutional law of the Union. – III.1. The right to an effective judicial remedy. – III.2. Other principles of constitutional law of the Union. – IV. The case of Donnellan: one step...

The Crime of Genocide Against the Lithuanian Partisans: A Dialogue Between the Council of Europe and the Lithuanian Courts

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Table of Contents: I. Introduction. – II. Historical background. – III. The ruling of the Constitutional Court of Lithuania of 18 March 2014 and the judgment of the Grand Chamber of the European Court of Human Rights in the case of Vasiliauskas v. Lithuania – their impact on the case-law of the Lithuanian courts in the genocide cases – III....

Re-connecting Authority and Democratic Legitimacy in the EU: Introductory Remarks

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Table of Contents: I. The disconnection between the loci of authority and those of democratic control. – II. The competence problem in the Union. – III. Reconciling Europe with its citizens through democracy and rule of law. – IV. Scope and contents.

Abstract: One of the main problems the Union has...

Revisiting Art. 2 TEU: A True Union of Values?

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Table of Contents: I. Introduction. – II. Fundamental values and the Treaties of Lisbon. – II.1. Which values, and which status or role? – II.2. The EU’s limited competences to act upon, and enforce, its values. – II.3. How common and deep are the Union’s values? – III. Compliance with Art. 2 TEU at the stage of accession. – IV. Enforcement of Art....

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European Forum

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Forum Européen

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Forum europeo

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Foro Europeo