Table of Contents: I. Introduction. – II. The pre-assessment. – II.1. The legal question. – II.2. The Court’s rejection of Article 21 CFR. – III. The Court’s assessment of art. 20 CFR. – III.1. “Within the Union itself”. – III.2. Procedural rights – different differently. – III.3. Substantive rights – equals equally. – IV. An alternative way to make...
Table of Contents: I. Introduction. – II. Autonomy. – III. The principle of equal treatment and effectiveness. – IV. The right of access to an independent tribunal.
Abstract: This Article introduces the Special Section on “Opinion 1/17: Between European and International Perspectives”, by...
Table of Contents: I. Introduction. – II. The pre-assessment. – II.1. The legal question. – II.2. The Court’s rejection of Article 21 CFR. – III. The Court’s assessment of art. 20 CFR. – III.1. “Within the Union itself”. – III.2. Procedural rights – different differently. – III.3. Substantive rights – equals equally. – IV. An alternative way to make...
Table of Contents: I. Introduction. – II. Questioning art. 47’s role in the Opinion procedure. – II.1. Art. 47’s specific scope of application. – II.2. The specific function of art. 47. – III. Judicial protection standards in the opinion procedure. – III.1. Judicial protection as part of the autonomy claim? – III.2. Judicial protection as part of...
Table of Contents: I. Introduction. – II. The concept of autonomy. – III. The fundamental aspects of the principle of autonomy in the light of Opinion 1/17. – III.1. Opinion 1/17 and the allocation of competences. – III.2. Opinion 1/17 and the preliminary reference procedure. – III.3. Opinion 1/17 and the control of EU law. – IV. Evaluating the...
Table of Contents: I. Introduction. – II. Questioning art. 47’s role in the Opinion procedure. – II.1. Art. 47’s specific scope of application. – II.2. The specific function of art. 47. – III. Judicial protection standards in the opinion procedure. – III.1. Judicial protection as part of the autonomy claim? – III.2. Judicial protection as part of...
Table of Contents: I. Introduction. – II. Provisions on ethics and qualifications of adjudicators in the new generation FTAs. – II.1. CETA, EUVIPA and EUSIPA: what is across the board? – II.2. Codes of conduct in the Agreements – III. The Opinion 1/17 and the ethics and qualifications of Members of ICS Tribunals. – III.1. The issue raised by Belgium...
Table of Contents: I. Introduction. – II. EU and a reformed international investment order. – II.1. Post-Lisbon intra-EU developments and traditional ISDS clauses. – II.2. ISDS Novelty outdated? Commission’s reform agenda and the comprehensive economic and trade agreement with Canada (CETA). – II.3. Main legal issues connected to the new generation...
Table of Contents: I. Introduction. – II. Provisions on ethics and qualifications of adjudicators in the new generation FTAs. – II.1. CETA, EUVIPA and EUSIPA: what is across the board? – II.2. Codes of conduct in the Agreements – III. The Opinion 1/17 and the ethics and qualifications of Members of ICS Tribunals. – III.1. The issue raised by Belgium...
Table of Contents: I. Eureka moments. – II. A strict versus a lenient approach: hypotethicals, fictions and cursory analyses. – II.1. Hypotethicals can make the difference between a strict or a lenient approach. – II.2. Fictions and assumptions used as legal arguments. – II.3. Not analysing an issue thoroughly enough. – III....
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