Table of Contents: I. Introduction. – II. Posting of workers on European labour markets. – III. Introducing workers' protection through the Posting of Workers Directive. – III.1. The Court of Justice and workers' protection in the context of cross-border services. – III.2. The Posting of Workers Directive laying down a nucleus of protective rights...
Table of Contents: I. Introduction. – II. The perplexing extension of “sufficient links” tests to frontier workers’ social advantages. – II.1. A questionable but minor initial development. – II.2. A problematic extension to student finance. – II.3. A clear break with established case law and secondary law. – III. A contentious “investor’s approach”...
Table of Contents: I. Introduction. – II. An enforceable right to participate in European elections. – III. The broad scope of application of the right to participate in European elections vis-à-vis Member States. – III.1. A right applicable to Member States. – III.2. A right applicable in purely internal situations. – IV. The right to...
Table of Contents: I. Introduction. – II. Setting the scene. – II.1. Applicable nationality – Ranking and mobility quality. – II.2. Constellations. – II.3. Right to return – Conditions (Home MS(/MS) movement MS/Home MS). – II.4. “Circular” right to return – (Home MS/MS movement Home MS/Home MS). – II.5. Naturalisation – Lounes (Home MS/MS...
Table of Contents: I. Introduction. – II. From Safe Harbour to Privacy Shield: EU-US data transfer as a feedback loop. – II.1. Action: Safe Harbour and the first agreement on EU-US data transfer. – II.2. Effect: Safe Harbour invalidated by the CJEU in Schrems. – II.3. Feedback: Safe Harbour...
Table of Contents: I. Introduction. – II. The incorporation of Directive 2004/38 into EEA law: legal framework. – III. The meaning of the reservation according to the EFTA Court’s obiter dictum in Wahl. – IV. Other EFTA Court case law on Directive 2004/38 in the EEA context. – IV.1. Unproblematic in the present writer’s...
Table of Contents: I. Introduction. – II. We are one, but we are not the same. The Mallis case and the accountability of the Eurogroup and the Board of Governors. – II.1. The Cypriot bail-out. – II.2. The Mallis case. – II.3. The political and legal accountability of the Eurogroup. – III. The man the authorities came to blame? The...
Abstract: This Introduction guides the reader through the special section "Social Integration in EU Law: Contents, Limits and Functions of an Elusive Notion". The Authors underline the multi-faceted essence of this concept, which has both an integrative potential and a defensive function. Social integration is closely connected to the...
On 12 September 2018, two events occurred, both with considerable legal and political implications, and seemingly inspired by different conceptions about the role of European fundamental values and principles.
The first event is a resolution adopted by the European Parliament – on the basis of a large majority – calling upon the Council to determine...
Table of Contents: I. Introduction. – II. Fundamental freedoms and fundamental rights in EU law. – III. Comparability of the case law of the Court of Justice and the US Supreme Court on conflicts of rights. – IV. Criticisms related to the Court of Justice case law. – IV.1. Hierarchy. – IV.2. Balancing by the Court of Justice. – IV.3. Fundamental...
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