Table of Contents: I. Free movement of companies and regulatory competition in the EU: Some introductory remarks. – II. Lack of genuine economic activity in the host State and the application of Treaty rules on freedom of establishment to the transfers of companies. – II.1. An economic activity-based definition of establishment: AG Kokott in ...
Table of Contents: I. Introduction. – II. A delicate good: autonomy of the EU legal order. – III. Consequences for CETA’s Investment Court System. – IV. Intra-EU BITs: national courts as the guardian of the Union of law. – V. Autonomy as an obstacle to the Union submitting to the jurisdiction of international courts or tribunals. – VI. The future of...
Abstract: The Special Section investigates, from a multidisciplinary perspective, foundations, tools and implications of regulatory competition in the EU legal order. The analysis takes the view that regulatory competition is not just an inevitable corollary of the creation of the internal market, but it is the result of political choices made to...
Table of Contents: I. The economic background. – II. Economics v. law: a different approach. – III. The evolution of EU environmental law: from a neo-classical vision to the precautionary principle. – IV. The intensity of EU environmental protection and its capability to affect EU firms’ ability to compete. – V. Main features of...
Table of Contents: I. Introduction. – II. Who trumps who? – II.1. Is EU law autonomous? – II.2. EU law and Member States’ BITs. – II.3. The peculiar case of the ECT. – III. Achmea or how international investment tribunals do not understand EU law. – III.1. Why investment tribunals do not have jurisdic-tion in all intra-EU disputes? – III.2. The Advocate...
Table of Contents: I. From the legal regulation of cross-border relations to systematic policy and regulatory competition. – II. European Community law as the discipline of cross-border legal relations. – II.1. Community law as the European law of conflict: coordinating public power through law. – II.2. The limits of Community law as European law of...
Table of Contents: I. Introduction. – II. Tax competition and the EU internal market: from beneficial to ever more dangerous. – II.1. The place of tax provisions in the EU internal market setup. – II.2. Tax competition within the EU internal market. – II.3. Current position: “aggressive” tax competition calls for EU intervention. – III. Overcoming “...
Table of Contents: I. Introduction. – II. Achmea, from the perspective of international investment law specialists. – III. An impressive set of consequences inferred from Achmea. – IV. Achmea and the European integration process.
Abstract: The Achmea case has...
Table of Contents: I. Back to the beginnings: the origins of a new paradigm. – II. The conceptual gist of the controversy. – III. “Back to the Nation State” or “More Europe”: Wolfgang Streeck v. Jürgen Habermas. – IV. Institutionalising the united in diversity vision. – V. Instead of an epilogue.
Abstract:...
Table of Contents: I. Introduction. – II. A remarkable piece of scholarship for the conceptual approach chosen. – III. Reflecting on the foundational concept: the centrality of collective bargaining.
Abstract: In Solidarity and Conflict (Cambridge: Cambridge University Press, 2018),...
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