e-Journal
- 941 reads
Introduction. The ECHR in the ECJ’s Case Law Post-Charter: A Dual Perspective
e-Journal
- 6461 reads
Abstract: The relationship between EU law and the ECHR has undergone significant changes in recent decades. The EU has developed its own Charter of Fundamental Rights, gained powers to promote specific fundamental rights, and negotiations for EU accession to the ECHR are ongoing. These evolving parameters strengthen the interactions between the EU...
A Verfassungsbeschwerde for the European Union?
e-Journal
- 943 reads
In contemporary systems of human rights protection the right to an effective remedy is acquiring a prominent place. It is, indeed, the right of the rights, as no right can be qualified as such unless it is assisted by an effective remedy. The effectiveness of the remedy is thus the indispensable instrument which complements every right, regardless of its nature and rank....
European Papers - e-Journal - What... Should Have Said
e-Journal
- 654 reads
What... Should Have Said
Preface: Rewriting Landmark Judgments of the European Court of Justice: A New Project for European Papers and a New Way of ‘Doing EU Law’
Justin Lindeboom...
The Use of ECtHR Case Law by the CJEU: Instrumentalisation or Quest for Autonomy and Legitimacy?
e-Journal
- 5045 reads
Table of Contents: I. Introduction. – II. Post-Charter situation at first glance. – III. Post-Charter situation: second thoughts. – III.1. Autonomy (first). – III.2. Legitimacy (when needed). – IV. Conclusion: what about the standard of protection?
Abstract: Whilst the ECtHR’s case-law has occupied...
Ball in the Commission’s Court: Ensuring the Effectiveness of EU Law the Day After the Court Ruled
e-Journal
- 987 reads
Table of Contents: I. Introduction. – II. Overturning democracy in the name of the law: the use of creative compliance by EU autocratic legalists. – III. Setting the context: the Court’s ruling in Transparency of Associations. – III.1. The 2017 Transparency Law. – III.2. The Court is in session! – IV. (Almost) New actors, same old story:...
Convention Control Over the Application of Union Law by National Judges: The Case for a Wholistic Approach to Fundamental Rights
e-Journal
- 3785 reads
Table of Contents: I. Convention control over the application of Union law by domestic courts. – I.1 The principle. – I.2. Applications. – II. The case for a wholistic approach to fundamental rights: state of the play. – II.1. The European Court of Human Rights. – II.2. The Court of Justice of the European Union. – III. Conclusion....
The Novelty of EU Passenger Name Records (PNR) in EU Trade Agreements: On Shifting Uses of Data Governance in Light of the EU-UK Trade and Cooperation Agreement PNR Provisions
e-Journal
- 1061 reads
Table of Contents: I. Introduction. – II. From its commercial origin to the acquired purpose: the shifts of PNR data. – III. The EU-UK TCA and the problem of oversight in EU PNR Law. – III.1. The UK-EU TCA PNR provisions. – III.2. Operation of the TCA oversight provisions in practice. – III.3. Analysis. – IV. “Adequacy” standard for the UK-EU PNR...
Preface: Rewriting Landmark Judgments of the European Court of Justice: A New Project for European Papers and a New Way of ‘Doing EU Law’
e-Journal
- 4348 reads
Abstract: This preface to the new series What ... Should Have Said: Rewriting Landmark Judgments of the European Court of Justice introduces the project and its rationale. Legal scholars typically critically analyse court judgments so as to provide a "soft power based" check on judicial reasoning and provide doctrinal and normative guidance...
European Forum (European Papers, Vol. 8, 2023, No 1)
e-Journal
- 893 reads
Insights and Highlights
Eun Hye Kim, Putting Limits on Judicial Creativity: AG Kokott’s Opinion in Commission v CK Telecoms...
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