Table of Contents: I. Introduction. – II. Fundamental freedoms and fundamental rights in EU law. – III. Comparability of the case law of the Court of Justice and the US Supreme Court on conflicts of rights. – IV. Criticisms related to the Court of Justice case law. – IV.1. Hierarchy. – IV.2. Balancing by the Court of Justice. – IV.3. Fundamental...
On 12 September 2018, two events occurred, both with considerable legal and political implications, and seemingly inspired by different conceptions about the role of European fundamental values and principles.
The first event is a resolution adopted by the European Parliament – on the basis of a large majority – calling upon the Council to determine...
Abstract: The Articles that form part of this Special Section propose four readings of "crisis" across various problem areas in European Union law and governance (financial and debt, migration, nationalism and populism) towards possible ways of crisis resolution. As guest editor of this Special Section (in two parts), I read the...
Table of Contents: I. The main concerns of the T-Dem initiative. – II. Europe in troubled waters. More Europe the solution? – III. No alternative?
Abstract: With the benefit of hindsight, the multifaceted dimension and the since long creeping causes of Europe’s constitutional misery are ever better...
Table of Contents: I. Introduction. – II. Summit and Congress. – III. Ministers and Congress. – IV. Treaties and Congress. – V. To conclude.
Abstract: At a time when Europe’s political leaders are considering new reforms of the single currency, T-Dem’s plea for a Eurozone assembly should be...
Among the reactions to the decision of the US Presidency to withdraw from the Joint and Comprehensive Plan of Action (JCPOA) – a conventional scheme agreed upon in 2015 by the Islamic Republic of Iran and the E3/EU+3 group, namely (China, France, Germany, the Russian Federation, the United Kingdom and the United States, with the High Representative of the European Union...
Table of Contents: I. A crucial European debate. – II. The nature of the democratic problems of the European Union and the Eurozone. – III. Five limits of the proposed new Parliamentary Assembly.
Abstract: The Overview aims to analyze merits and limits of the book Pour un traité...
Table of Contents: I. Introduction. – II. The existing approaches and the reasons for a comprehensive typology. – III. The structure of the typology and the four Iida-criteria. – IV. The criterion of the density of EU regulation. – IV.1. Implementation of EU law by the Member States without discretion. – IV.2. Margins of discretion granted to the...
Table of Contents: I. Introduction. – II. Democratising the Eurozone, a creative thinking exercise. – II.1. De lege ferenda. – II.2. Working on concepts – II.3. Beyond national constitutional models – III. Democratising the Eurozone, a constrained exercise. – III.1. Democratisation by politicisation? – III.2. Democratising without...
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