Table of Contents: I. The EU judiciary faced with the exploitation of natural resources in Western Sahara. – II. Administrative powers and the exploitation of natural resources in non-self-governing territories. – III. “Grey areas” and unsettled issues. – IV. Of the uncertainty principle and of Voelkerrecthsfreundlichkeit...
Table of Contents: I. Introduction. – II. The “democracy” in EU democracy promotion. – III. The EU-Turkey relationship. – IV. Analysing democracy promotion in the EU-Turkey relationship. – IV.1. Positive/express democracy promotion. – IV.2. Negative/express democracy promotion. – IV.3. Positive/implied democracy promotion. – IV.4. Negative/implied...
Table of Contents: I. The international regulation of public goods: legal challenges. – II. International decisions by CETA bodies. – III. Decisions of international bodies: a source of EU law. – IV. The external administrative layer of EU law. – IV.1. Interpretative effects: validating EU law. – IV.2. Authoritative international decisions. – IV.3....
Table of Contents: I. Introduction. – II. Legal framework. – II.1. The hard law: the Cotonou Convention and EU Regulations: multilateral or unilateral? – II.2. Post legislative guidance and the real world of implementing EU assistance. – II.3. The European Investment Bank: what role for voluntary policies? – III. Court and EO practice: setting the...
Irrespective of the perspective from which one looks at the Catalonian events, which are still unfolding under our incredulous eyes, the impression can only be univocal: Spain is right and Catalonia is wrong. The claim of the Spanish Government to preserve the unity of the nation is well founded; conversely, the independence proclaimed by the Catalonian Government amounts to...
Table of Contents: I. Introduction. – II. The legal phenomenon of IEMEIs. – II.1. IEMEIs regulating conduct abroad on the basis of environmental regulatory requirements. – II.2. IEMEIs regulating trade: market access conditions and obligations on Third Country actors. – II.3. Compliance with IEMEIs: “contingent unilateralism”, equivalence and...
Table of Contents: I. Introduction. – II. The legal framework concerning restrictive measures. – III. The development of the right of access to the file. – IV. Access to “secret evidence” by the CJEU. – V. Conclusions.
Abstract: Safeguarding fundamental procedural rights in the context of security...
Table of Contents: I. Introduction. – II. Facts and legal issues before the Court. – III. Key aspects of the opinion of the Advocate General and the judgment. – IV. Comments. – IV.1. One step forward. – IV.2. Mutual trust unaffected. – IV.3. The relationship with the ECHR and the case law of the European Court of Human Rights:...
Table of Contents: I. Introduction. – II. Discretion or clear rules? The “fundamental importance” of the administrative law framework. – III. Interests involved in anti-dumping policy-making. – III.1. Decision to initiate investigations. – III.2. Decision on anti-dumping duties. – IV. Three functions of participation. – IV.1. Mechanism to collect...
Table of Contents: I. Introduction. – II. The legal framework. – III. Limiting the Court’s jurisdiction. – IV. The Exception: judicial review of CFSP acts. – V. Grounds for and intensity of review. – VI. Conclusion.
Abstract: This Article discusses the role of the Court of Justice in...
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