Table of Contents: I. Introduction. – II. Defining BURGs. – II.1. Institutionalized cooperation. – II.2. Currently active. – II.3. Only current EU member states. – II.4. Institutional separation from the EU. – II.5. Geographical proximity. – III. Comparing BURGs: Key variables. – III.1. Longevity, pre- or post-accession. – III.2. Institutional...
Table of Contents: I. Introduction – II. The persistence of serious crises – III. The feasibility of three suggested options for the future of Europe – IV. Some comments on the current political reality – V. My personal suggestions – VI. Conclusion.
Abstract: The European Union has suffered for...
Table of Contents: I. Clear occasions. – II. Confirmation and advancement of rule of law value-dogmatics. – II.1. Voluntariness of accession, pre-legal normativity of values. – II.2. Updating the dogmatic of self-assertion under the rule of law. – II.3. Conclusion: working with protection obligations while restraining from intervening in the...
Table of Contents: I. Clear occasions. – II. Confirmation and advancement of rule of law value-dogmatics. – II.1. Voluntariness of accession, pre-legal normativity of values. – II.2. Updating the dogmatic of self-assertion under the rule of law. – II.3. Conclusion: working with protection obligations while restraining from intervening in the...
Table of Contents: I. The grey zone of art. 4(2) TEU. – II. Highlighting art. 4(2) TEU variability: the CJEU’s case-law on the temporary relocation mechanism. – III. Exploring the concept of essential state functions. – III.1 Art. 4(2) TEU, national identities and essential state functions: two clauses, two separate concepts? – III.2. Essential...
Table of Contents: I. The grey zone of art. 4(2) TEU. – II. Highlighting art. 4(2) TEU variability: the CJEU’s case-law on the temporary relocation mechanism. – III. Exploring the concept of essential state functions. – III.1 Art. 4(2) TEU, national identities and essential state functions: two clauses, two separate concepts? – III.2. Essential...
Table of Contents: I. Situating the topic. – II. Dealing with rule transgressions. – II.1. Instrumentalist and normative approaches. – II.2. The potential of peer reviews. – III. What is wrong with the current approaches? – III.1. The Article 7 procedure and the rule of law framework. – III.2. The budget conditionality mechanism. – III.3. The...
Table of Contents: I. Introduction. – II. Protecting EU values through ESI funds: The new fundamental rights “enabling conditions”. – III. Decentralising the “politics of values”: The potential of the Justice, Rights and Values Fund. – IV. The Recovery and Resilience Facility: Shaping Europe’s recovery in line with EU values. – V. Conclusions....
Table of Contents: I. Introduction – II. The road to rule of law conditionality – III. How the rule of law conditionality regulation became an instrument of budget conditionality – III.1. The conditionality mechanism in Regulation 2020/2092 – III.2. Article 322(1) TFEU as the correct legal basis – III.3. Sufficiently direct link – III.4. Alleged infringement of art. 7...
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