A View from the Court of Justice. Some Considerations About the Transfer of Competence for Preliminary Rulings to the General Court: The Functioning of the Guichet Unique and a Brief Review After Nine Months of Implementation of the Reform

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Table of Contents: 1. Introduction. – 2. The Guichet Unique Mechanism: Practical functioning and scope of examination. – 3. Key figures and first review after nine months of implementation of the Reform. – 4. Concluding remarks.

Abstract: The present article offers an...

The Advocates General at the General Court

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Table of Contents: 1. Introduction. – 2. Setting the stage: two courts ut one procedure. – 3. Rules concerning Advocates General before the General Court. – 3.1. Election of Advocates General at the General Court. – 3.2. The dual role of Advocates General of the General Court and its organisational consequences. – 4. The role of Advocates General at...

The 2024 Reform of the EU Judicial System and the Transformation of the Court of Justice into a Constitutional Court

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Table of Contents: 1. Introduction. – 2. Approaching constitutionalisation. – 3. Elements of the 2024 reform strengthening the Court of Justice’s constitutional role. – 3.1. Aims of the reform. – 3.2. Allocation of cases between the EU courts. – 3.3. Safeguard mechanisms. – 3.4. Specialisation of the General Court. – 4. Problematising...

Europol’s Data Dominance: The Multifaceted Involvement and Impact of Data Analytics Across Sectors

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Table of Contents: 1. Introduction. – 2. From Member State dependency to EU information hub. – 2.1. The first steps towards Europol’s emergence as an information hub. – 2.2. Two decisive changes to Europol’s founding acts. – 2.3. The Recast Europol Regulation. – 3. Europol’s involvement in different areas of EU police and judicial cooperation in...

Dancing in the Dark: Policy Transformations Through Obfuscating Contestations in the Case of Prüm II

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Table of Contents: 1. Introduction. – 2. From Prüm over Prüm Next Generation to Prüm II. – 3. Orchestrated stakeholders’ consultation manifesting asymmetries of power. – 4. Two prospective changes in the Prüm system and still silenced substantial challenges they raise. – 4.1. In the name of ‘interoperability’: unsettling data sovereignty of Member...

National Security and New Forms of Surveillance: From the Data Retention Saga to a Data Subject Centred Approach

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Table of Contents: 1. Introduction. – 2. National Security. – 2.1. Definition and Scope. – 2.2. Private Sector and the Expanding Application of EU Law. – 3. The Legal Uncertainty Arising from the Current Delineation of the Scope of EU Data Protection Law. – 3.1. Narrowing the Scope Back Down? The Draft E-Privacy Regulation. – 3.2. National Security...

The Future of Digitalisation in EU Law Enforcement: Enhanced Exchanges of Personal Data, Privatisation and Algorithmisation

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A central pillar of the development of European Union (EU) Criminal law has been the establishment of legal and technical avenues aiming at facilitating the collection, retention and transfers of personal data, in the context of fighting terrorism and other serious criminal offences. As technological evolution has offered national law enforcement authorities enhanced...

Europol and the Schengen Information System: A Dangerous ‘Unsupervised’ Extension of Powers

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Table of Contents: 1. Introduction. – 2. New changes to Europol’s role in the SIS: from accessor to facilitator. – 2.1. From SIS I to SIS II: the origins of a widely used system. – 2.2. The new information alerts: a paradigm change of the SIS. – 3. A dangerous new integrated system of alerts. –3.1. Data quality issues: trusting the source of the...

Enhancing Access to Justice in European Shared Administration Through the Principles of Good Administration

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Table of Contents: 1. Introduction: setting the scene. – 2. Access to justice in European Union law. –  2.1. Access to justice and the right to an effective remedy. –  2.2. Access to justice and the rule of law. – 3. EU operational agencies and the problems of access to justice. – 3.1. The European Union Border and...

Ordre Public Scores the Winner as Mandatory Arbitration Watches from the Bench: The CJEU’s Decision in Case C-600/23 Royal Seraing Football Club

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Table of Contents: 1. Introduction. – 2. Factual background. – 3. Analysis. – 3.1. Previous case law. – 3.2. The Court’s decision. –  3.2.1. Res iudicata and probative value – 3.2.2. Mandatory arbitration – 3.2.3. Standard of review – 3.2.4. The self-enforcing nature of CAS arbitration – 3.2.5....

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European Forum

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Forum Européen

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Forum europeo

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Foro Europeo