Front Polisario: A Step Forward in Judicial Review of International Agreements by the Court of Justice?

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Table of Contents: Preliminary remarks: judicial review of international agreements between self-restraint and judicial activism. – II. The decision of the General Court in Front Polisario and the procedural approach. – III. The substantive approach in the decision of the Court of Justice in Front Polisario. – IV....

Front Polisario and the Exploitation of Natural Resources by the Administrative Power

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Table of Contents: I. The EU judiciary faced with the exploitation of natural resources in Western Sahara. – II. Administrative powers and the exploitation of natural resources in non-self-governing territories. – III. “Grey areas” and unsettled issues. – IV. Of the uncertainty principle and of Voelkerrecthsfreundlichkeit...

Integration in European Defence: Some Legal Considerations

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Table of Contents: I. Introduction. – II. Reasons for the inclusion of EDU provisions in the Lisbon Treaty and their rationale. – III. Legal considerations. – III.1. The options. – III.2. Establishment of Permanent Structured Cooperation. – III.3. Functioning. – III.4. Purpose. – III.5. Funding. – IV. Conclusion.

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Administering EU Development Policy: Between Global Commitments and Vague Accountability Structures

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Table of Contents: I. Introduction. – II. Legal framework. – II.1. The hard law: the Cotonou Convention and EU Regulations: multilateral or unilateral? – II.2. Post legislative guidance and the real world of implementing EU assistance. – II.3. The European Investment Bank: what role for voluntary policies? – III. Court and EO practice: setting the...

External Participants v. Internal Interests: Principles of EU Administrative Law in Anti-dumping Investigations

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Table of Contents: I. Introduction. – II. Discretion or clear rules? The “fundamental importance” of the administrative law framework. – III. Interests involved in anti-dumping policy-making. – III.1. Decision to initiate investigations. – III.2. Decision on anti-dumping duties. – IV. Three functions of participation. – IV.1. Mechanism to collect...

“Effective Judicial Review Is of the Essence of the Rule of Law”: Challenging Common Foreign and Security Policy Measures Before the Court of Justice

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Table of Contents: I. Introduction. – II. The legal framework. – III. Limiting the Court’s jurisdiction. – IV. The Exception: judicial review of CFSP acts. – V. Grounds for and intensity of review. – VI. Conclusion.

Abstract: This Article discusses the role of the Court of Justice in...

“Effective Judicial Review Is of the Essence of the Rule of Law”: Challenging Common Foreign and Security Policy Measures Before the Court of Justice

e-Journal

Table of Contents: I. Introduction. – II. The legal framework. – III. Limiting the Court’s jurisdiction. – IV. The Exception: judicial review of CFSP acts. – V. Grounds for and intensity of review. – VI. Conclusion.

Abstract: This Article discusses the role of the Court of Justice in...

External Migration and Asylum Management: Accountability for Executive Action Outside EU-territory

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Table of Contents: I. Introduction. – II. EU visa policy. – II.1. Judicial review of decisions. – II.2. Judicial review in case of representation. – II.3. Humanitarian visa. – II.4. The extra-territorial applicability of the Charter. – III. Refugee resettlement. – III.1. EU Resettlement initiatives. – III.2. Resettlement in the refugee crisis. – III...

Is There an Accountability Gap in EU External Relations? Some Initial Conclusions

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Abstract: This short Article draws together some conclusions based on the contributions to the Special Section “The New Frontiers of EU Administrative Law: Is there a Gap in EU External Relations?”. It concludes first that external action is a rich field in the application of EU administrative law. External policies are implemented...

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European Forum

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Forum Européen

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Forum europeo

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