When Two Preliminary Questions Result in One and Half Answers: A 'Constitutional Tragedy' in Four Acts

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Table of Contents: I. Introduction. – II. How the story unfolded: the four acts of the “constitutional tragedy”. – II.1. Act 1: the referring order of the Dutch Council of State. – II.2. Act 2: the referring order of the Tribunal of Milan. – II.3. Act 3: the reply to the Dutch referral. – II.4. Act 4: the reply to the Italian referral. – III. The...

The Conference on the Future of Europe and EU Reform: Limits of Differentiated Integration

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Abstract: There is considerable uncertainty about the outcome of the planned Conference on the Future of Europe, especially regarding possible treaty change. This contribution to the Dialogue comments on the possibility of an intergovernmental agreement outside the EU treaty framework on the basis of theoretical and empirical knowledge...

Environmental Democracy and Judicial Cooperation in Environmental Matters: Mapping National Courts Behaviour in Follow-up Cases

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Table of Contents: I. Introduction. – II. Mapping judicial cooperation: the unchartered waters of follow-up judgments. – II.1. The criteria for assessing judicial cooperation in follow-up judgments. – II.2. Known categories of judicial cooperation and uncooperation. – II.3. Chartering new waters: Italy and Belgium. – III. Italian and Belgian judges...

It Takes Two to Tango: An Introduction

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Table of Contents: I. Introduction. – II. Evolving legal questions surrounding Art. 267 TFEU. – III. Stocktaking: the procedure under pressure? – IV. Contributing to the academic debate. – V. Overview of the Special Section. – V.1. Factors and motives to refer. – V.2. Quality of Court of Justice answers and dialogue. – V.3. Implementation of Court...

Reforming the EU Outside the EU? The Conference on the Future of Europe and Its Options

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Abstract: This contribution to the Dialogue offers a first analysis of the recent initiative to establish a Conference on the Future of Europe – discussing whether it can become a new model to reform the EU, and if so, how it should be designed to succeed. The contribution examines the technicalities of the EU treaty amendment rules and...

No Preliminary References from Dutch Overseas Judges: Is It Tambu or Tumba Dancing with the Court of Justice?

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Table of Contents: I. Introduction. – II. Study design and research method. – III. Dutch Caribbean case law and legislation concerning EU law. – IV. OCT judge opinions on preliminary reference. – V. Conclusion.

Abstract: Under EU law, parts of several Member States are characterised as Overseas...

Overcoming the Single Country Veto in EU Reform?

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Abstract: This contribution to the Dialogue discusses the contribution by Federico Fabbrini, in which he proposes an innovative way forward for the reform of the European Union (F. Fabbrini, Reforming the EU Outside the EU? The Conference on the Future of Europe and Its Options, in European Papers, Vol. 5, 2020, No 2,...

Lawyering Eurolaw: An Empirical Exploration into the Practice of Preliminary References

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Table of Contents: I. Introduction. – II. A European opportunity structure. – III. Lawyers and references: an unexpected task. – III.1. Allocating resources. – III.2. Going to Luxembourg. – III.3. Legal aid and references. – III.4. Lawyers’ motivation. – III.5. The “language” of EU law. – III.6. The significance of the hearing. – III.7. The ways of...

The Conference on the Future of Europe and EU Reform: Limits of Differentiated Integration

e-Journal

Abstract: There is considerable uncertainty about the outcome of the planned Conference on the Future of Europe, especially regarding possible treaty change. This contribution to the Dialogue comments on the possibility of an intergovernmental agreement outside the EU treaty framework on the basis of theoretical and empirical knowledge...

No Preliminary References from Dutch Overseas Judges: Is It Tambu or Tumba Dancing with the Court of Justice?

e-Journal

Table of Contents: I. Introduction. – II. Study design and research method. – III. Dutch Caribbean case law and legislation concerning EU law. – IV. OCT judge opinions on preliminary reference. – V. Conclusion.

Abstract: Under EU law, parts of several Member States are characterised as Overseas...

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European Forum

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Forum Européen

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Forum europeo

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