Table of Contents: I. Introduction. – II. Debates on cross-court divergences. – II.1. Legal explanation. – II.2. Judicial empowerment and Court competition. – II.3. The role of the judicial organisation. – III. Judicial organisation and the team model. – IV. Data and methodology. – V. Results – V.1. Fact-finding v. law-finding specialisation. – V.2...
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...
Table of Contents: I. Introduction. – II. Research design and literature overview. – III. Legal explanations. – III.1. A stricter application of Cilfit by the Supreme Court. – III.2. The Court of Appeal: a de facto court of final appeal applying Cilfit. – IV. A generational change in knowledge and mentality. – V. Increased...
Table of Contents: I. Historians against memory laws. – II. Historical memory and criminal law. – III. Universal values and particularistic memories. – IV. Populism and memory in Eastern Europe – V. Concluding remarks.
Abstract: This Article examines historians’ protests against memory...
Table of Contents: I. Introduction. – II. Jurisdictional sovereignty: a core element of an elusive concept. – III. EU autonomy as construed by the Court of Justice. – IV. Jurisdictional sovereignty of the EU as a legal construction. – V. Concluding reflections on the Court’s autonomy conception in context.
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Table of Contents: I. Introduction. – II. The Treaty of Paris and the introduction of supranationality. – III. The idea of legitimacy as legality in the Treaty of Rome. – IV. Mechanisms for legitimacy through democratic rule in the Treaty of Rome. – V. Concluding remarks.
Abstract: This Article...
Abstract: In a recent Article published in this Journal, Gareth Davies draws a parallel between European citizens as fashioned by EU law and pre-war Europe's Jews (G. Davies, How Citizenship Divides: The New Legal Class of Transnational Europeans, in European Papers, Vol. 4, 2019, No 3,...
Table of Contents: I. Introductory remarks. – II. The governance of historical memory in Europe. – III. The rule of law. – VI. Memory governance and the rule of law. – V. Concluding remarks.
Abstract: The legal governance of historical memory in Eastern and Central Europe has grown exponentially...
Table of Contents: I. Introduction. – II. Dealing with the communist past: the Ukrainian case. – II.1. Ukraine’s waves of decommunization. – II.2. Ukrainian memory laws: the decommunization package. – III. Ukraine in the European memory wars. – VI. Conclusions.
Abstract: In April 2015, Ukraine...
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