e-Journal
- 1270 reads
Scotland’s Place in Europe After Brexit: Between a Rock and a Hard Place? A Legal Scoping Exercise
e-Journal
- 1274 reads
Table of Contents: I. Introduction. – II. Background: Scotland’s place in the UK. – III. Scotland as part of the UK: the legal options around a special deal. – III.1. EU membership for Scotland as part of the UK? – III.2. Scotland in the single market as part of the UK? – IV. Scotland as an independent country. – IV.1. The path to an independence...
“Clash of Titans 2.0”. From Conflicting EU General Principles to Conflicting Jurisdictional Authorities: The Court of Justice and the Danish Supreme Court in the Dansk Industri Case
e-Journal
- 3532 reads
Table of Contents: I. Introduction. – II. The Danish Supreme Court’s reasoning. – III. The ‘selective’ supremacy of EU law according to the Danish Supreme Court: is it time to reaffirm Costa v. ENEL? – IV. The horizontality of the EU Charter of Fundamental Rights. – V. Conclusion.
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Mutual Recognition and Mutual Trust in the Internal Market
e-Journal
- 1351 reads
Table of Contents: I. Introduction. – II. The origins of “mutual trust” as a concept of EU law. – II.1. In Court of Justice case law. – II.2. In legislative documents. – III. Mutual trust v. mutual recognition. – III.1. Mutual recognition and mutual trust: meaning and relationship. – III.2. No obligation of blind mutual trust: conditions and...
A Question of Jurisdiction: Art. 267 TFEU Preliminary References of a CFSP Nature
e-Journal
- 1212 reads
Table of Contents: I. Ambiguity of the Treaties: jurisdiction. – II. Judgment. – III. Analysis.
Abstract: Can the Court of Justice of the European Union assert jurisdiction and provide a national court with an interpretation of Union law in a case referred to it from a national court...
Art. 50 TEU: A Well-Designed Secession Clause
e-Journal
- 5958 reads
Table of Contents: I. Introduction. – II. The problem of unilateral secession and withdrawal. – III. Does the right to unilateral secession/withdrawal matter? – IV. The EU’s unity in withdrawal negotiations. – V. The not-so-unilateral character of withdrawal under Art. 50 TEU. – V.1. Obligation to promptly activate the withdrawal procedure. – V.2....
The Interaction Between Mutual Trust, Mutual Recognition and Fundamental Rights in Private International Law in Relation to the EU’s Aspirations Relating to Contractual Relations
e-Journal
- 1296 reads
Table of contents: I. Introduction. – II. The European Union’s aspirations relating to contractual relations. – II.1. Context: competences to regulate civil matters. – II.2. First-pillar aspirations: contractual relations and the internal market. – II.3. Third-pillar aspirations: contractual relations and the area of freedom, security and justice...
Aleksei Petruhhin: Extradition of EU Citizens to Third States
e-Journal
- 1276 reads
Table of Contents: I. Introduction. – II. Facts and legal background of the case. – III. Extradition of an EU citizen to a third State in light of Art. 18 TFEU. – III.1. Introduction. – III.2. Does extradition of EU citizens to third States on a basis of a bilateral agreement with the Member State fall within the EU law domain? – III....
Towards a Uniform Standard of Protection of Fundamental Rights in Europe?
e-Journal
- 7283 reads
The multiplicity of systems of protection of fundamental rights is certainly a badge of honour for Europe. At present, there are no less than three general instruments of protection applicable to the territories of the Member States: the European Convention of human rights, the Charter of fundamental rights and the plethora of national bills of rights. Their coexistence,...
“Only You”: The Emergence of a Temperate Mutual Trust in the Area of Freedom, Security and Justice and Its Underpinning in the European Composite Constitutional Order
e-Journal
- 1334 reads
Table of Contents: I. Introduction: one or many faces of mutual trust in European integration? – II. The (slow but steady) emergence of a temperate mutual trust in the AFSJ: considerations from N.S., Aranyosi and C.K. – III. “Only You”. Why only a temperate understanding of mutual trust is in harmony with the European...
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