e-Journal
- 4115 reads
Abstract: This note is a brief response to Professor Azoulai's reaction (On Dubious Parallels: The Transnational Europeans and the Jews. A Note on Gareth Davies’ Article, in European Papers, Vol. 5, 2020, No 1, forthcoming,...
Historians, Memory Laws, and the Politics of the Past
e-Journal
- 9033 reads
Table of Contents: I. Historians against memory laws. – II. Historical memory and criminal law. – III. Universal values and particularistic memories. – IV. Populism and memory in Eastern Europe – V. Concluding remarks.
Abstract: This Article examines historians’ protests against memory...
On the Frontline of European Memory Wars: Memory Laws and Policy in Ukraine
e-Journal
- 1333 reads
Table of Contents: I. Introduction. – II. Dealing with the communist past: the Ukrainian case. – II.1. Ukraine’s waves of decommunization. – II.2. Ukrainian memory laws: the decommunization package. – III. Ukraine in the European memory wars. – VI. Conclusions.
Abstract: In April 2015, Ukraine...
Poland Before the Court of Justice: Limitless or Limited Case Law on Art. 19 TEU?
e-Journal
- 1148 reads
Table of Contents: I. Introduction. – II. The broad interpretation of Art. 19 TEU. – II.1. An ideal holistic approach to judicial independence. – II.2. The broadening of the material scope of Art. 19 TEU. – III. The paradox of the limited effects of the case law on Art. 19 TEU. – III.1. An unlikely limit: denying Art. 19 TEU direct effect. – III.2....
Electoral Accountability in the European Union: An Analysis of the European Parliament Elections with Respect to the EU’s Political Deficit
e-Journal
- 1368 reads
Table of Contents: I. Introduction. – II. European Union: a democratic or a political deficit? – III. Conceptualizing accountability. – IV. Mechanisms of accountability in the EU and the EP elections. – IV.1. EU complexities. – IV.2. The deficiencies of electoral accountability. – V. Conclusion: from legitimacy to authority. – VI. Acknowledgments....
The European Form of Family Life: The Case of EU Citizenship
e-Journal
- 4200 reads
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...
On the Frontline of European Memory Wars: Memory Laws and Policy in Ukraine
e-Journal
- 8408 reads
Table of Contents: I. Introduction. – II. Dealing with the communist past: the Ukrainian case. – II.1. Ukraine’s waves of decommunization. – II.2. Ukrainian memory laws: the decommunization package. – III. Ukraine in the European memory wars. – VI. Conclusions.
Abstract: In April 2015, Ukraine...
The Crime of Genocide Against the Lithuanian Partisans: A Dialogue Between the Council of Europe and the Lithuanian Courts
e-Journal
- 1357 reads
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....
Two Faces of the Polish Supreme Court After “Reforms” of the Judiciary System in Poland: The Question of Judicial Independence and Appointments
e-Journal
- 1643 reads
Table of Contents: I. Introduction. – II. The “reforms” of the national council of judiciary and the Supreme Court. – III. The Court of Justice judgment. – IV. The EU-friendly face of the Supreme Court. – V. The restrained face of the Supreme Court. – VI. Conclusions.
Abstract: The present ...
The Dichotomy Between “Input Legitimacy” and “Output Legitimacy” in the Light of the EU Institutional Developments
e-Journal
- 1533 reads
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...
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