The elections of May 26 have been welcomed with a sense of relief by the inhabitants of the European districts in Brussels and Strasbourg. If, on the eve of the elections’ day, the dominant mood was fear of a euro-sceptic landslide, that would have deepened the cleavage between peoples and elites and shaken at its roots the process of integration, this mood has gradually...
Table of Contents: I. Introduction. – II. Achmea’s relevance as a precedent for Opinion 1/17. – III. Application of the Achmea test to the CETA tribunal. – IV. Conclusion: an Opinion foretold?
Abstract: The Achmea judgment of the Court of Justice...
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),...
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. Introduction. – II. Achmea’s relevance as a precedent for Opinion 1/17. – III. Application of the Achmea test to the CETA tribunal. – IV. Conclusion: an Opinion foretold?
Abstract: The Achmea judgment of the Court of Justice...
Table of Contents: I. A reference point in the crucial debate about social Europe. – II. Social Europe and European integration today: a worrying picture. – III. A constructive approach. – IV. Judicial enforcement of solidarity: possibilities and limitations. – V. Strengthening cooperation and synergies (il faut cultiver notre jardin). – VI...
Table of Contents: I. Introduction. – II. Setting the scene: legal characteristics of the “triangular” fundamental rights protection system. – III. The modern protection of fundamental rights. – IV. The Court’s “substance of the rights” doctrine. – V. The way forward: taking the “substance of the rights” doctrine a step further. – V.1. Delimiting...
Table of Contents: I. Introduction. – II. The unique case of the Cyprus Investment Programme. – III. Restrictions on free movement of capital. – III.1. Capital movement, its restrictions and justifications. – III.2. Application of these principles to the Cypriot case. – IV. Citizenship of the EU. – IV.1. Investment migration schemes in the...
Table of Contents: I. Citizenships in Europe: harmony and conflict. – I.1. A curious legal status perched on limitations. – I.2. EU citizenship: two lessons. – II. EU citizenship: questioning the established narrative. – II.1. Empowering the citizen – Humiliating the State. – II.2. Promoting democracy – Undermining democratic outcomes. – II.3....
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