Rebuttal of Mutual Trust and Mutual Recognition in Criminal Matters: Is ‘Exceptional’ Enough?

e-Journal

Table of Contents: I. Introduction. – II. The conditionality of mutual trust in EU criminal law. – II.1. From presumption to conditionality. – II.2. The fundamental right’s condition for mutual trust in criminal matters. – II.3. Condition without control? – III. “Trust is good, control is better”: the judicial refutability of mutual trust. – IV...

On the Content and Scope of National and European Solidarity Under Free Movement Rules: The Case of Golden Shares and Sovereign Investments

e-Journal

Table of Contents: I. Introduction. – I.1. Structure and aims of the analysis. – I.2. Public services, strategic industries and socio-economic protectionism: solidarity within the EU and the scope of free movement rules vis-à-vis EU and non-EU investors. – II. Intra-EU investments and golden shares. – II.1. Public services, social...

Horizontal Federalism, Mutual Recognition and the Balance Between Harmonization, Home State Control and Host State Autonomy

e-Journal

Table of Contents: I. Introduction. – II. Horizontal federalism in the US. – II.1. Full faith and credit. – II.2. Extradition. – II.3. Interstate commerce. – II.4. Interstate compacts. – III. Horizontal federalism in the EU: mutual recognition. – III.1. Constitutional principle by accident? – III.2. Apogee and after. – III.3. Mutual recognition...

On a Collision Course! Mutual Recognition, Mutual Trust and the Protection of Fundamental Rights in the Recent Case-law of the Court of Justice

e-Journal

Table of Contents: I. Introduction. – II. Mutual recognition and mutual trust: unattainable stars in the sky? – III. Set on a collision course: the limits of mutual recognition and mutual trust. – IV. Meteor approaching! Fundamental rights and the European arrest warrant. – V. Set on a collision course: from N.S. to the recent case-law...

Respondent Status and Allocation of International Responsibility Under EU Investment Agreements

e-Journal

Table of Contents: I. Setting the scene. – II. Analysis of the legal framework set out in EU investment agreements. – III. The role of the claimant and of the arbitral tribunal: is there a possibility to set aside the determination of the respondent made by the EU? – IV. The regulation on financial responsibility. – V. Conclusions.

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Rebuttal of Mutual Trust and Mutual Recognition in Criminal Matters: Is ‘Exceptional’ Enough?

e-Journal

Table of Contents: I. Introduction. – II. The conditionality of mutual trust in EU criminal law. – II.1. From presumption to conditionality. – II.2. The fundamental right’s condition for mutual trust in criminal matters. – II.3. Condition without control? – III. “Trust is good, control is better”: the judicial refutability of mutual trust. – IV...

Reflections on EU Legitimacy and Governing

e-Journal

Table of Contents: I. Introduction. – II. A missing piece: throughput legitimacy. – III. Issues of representation.

Abstract: Carol Harlow provides us with a nuanced and sophisticated assessment of the development of the EU’s formal lawmaking processes and their legitimacy implications. She...

Regulatory Trust in EU Free Movement Law: Adopting the Level of Protection of the Other?

e-Journal

Table of contents: I. Introduction. – II. The constitutional life of mutual trust. – III. Of regulatory trust and mutual recognition. – III.1. Clarifying the invisibility of mutual trust. – III.2. The normativity of regulatory trust. – IV. Adopting or rejecting the level of protection of the other. – IV.1. Mutual recognition and the conundrum...

On a Collision Course! Mutual Recognition, Mutual Trust and the Protection of Fundamental Rights in the Recent Case-law of the Court of Justice

e-Journal

Table of Contents: I. Introduction. – II. Mutual recognition and mutual trust: unattainable stars in the sky? – III. Set on a collision course: the limits of mutual recognition and mutual trust. – IV. Meteor approaching! Fundamental rights and the European arrest warrant. – V. Set on a collision course: from N.S. to the recent case-law...

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