e-Journal
- 2406 reads
‘The most relevant overhaul of the Union’s judiciary since the creation of the Court of First Instance in 1989’.[1] ‘The genie out of the bottle’....
Access to Written Submissions in Preliminary Reference Proceedings: An Evaluation of the CJEU Statute Reform and its Contribution to Open Justice
e-Journal
- 17028 reads
Table of Contents: 1. Introduction. – 2. Open justice and human rights: ensuring transparency and accountability through public access. – 2.1. The notion of open justice: scope and constitutive elements. – 2.2. Open justice under international and EU law. – 3. Open justice at the CJEU: evolution, targets achieved and unresolved questions. – 4. The...
A View from the General Court. The Reform for the Transfer of Competence for Preliminary Rulings to the General Court: Issues Concerning Its Implementation
e-Journal
- 14048 reads
Table of Contents: 1. Introduction. – 2. The partial transfer of jurisdiction in ‘certain specific areas’. – 3. Procedures to determine which judicial body has jurisdiction. – 4. The Chamber designated to deal with the request for a preliminary ruling. – 5. Corrective measures to the division of competences. – 6. The review procedure. – 7. Other...
The Cultural Dimensions of Legal Certainty: A Study on the Use of Intercultural Knowledge in European Law-Application
e-Journal
- 15286 reads
Table of Contents: 1. Introduction. – 2. Making European law-application more culturally sensitive: the ECtHR’s application of the legal certainty principle as a case-study. – 2.1. The uncertainties of legal certainty and the ECtHR’s assessment of foreseeability and normative precision. – 2.2. Adding shades of social legitimacy to the ECtHR’s...
The Good, the Bad, or the Ugly? The Choice of Legal Basis in EU Digital Finance
e-Journal
- 21989 reads
Table of Contents: 1. Introduction. – 2. The Good – Article 114 TFEU by default. – 2.1. The EU’s legislative package in digital finance. – 2.2. (Un-)challenged by the Courts. – 3. The Bad – unfit to regulate. – 3.1. The EU’s competences under the economic and monetary policy. – 3.2. The ultra viresclaim. – 4. The Ugly – mind the...
EU Procedural Law Revisited: The Reformed EU Judicial Architecture between the Statute of the Court of Justice and the Rules of Procedure
e-Journal
- 23174 reads
Table of Contents: 1. Introduction: scope and purposes of the analysis. – 2. The partial transfer of preliminary references from the Court to the General Court. – 2.1. The scope of the General Court’s jurisdiction on preliminary references. – 2.2. The guichet unique mechanism. – 2.3. The procedure for hearing and determining preliminary...
To Bite Off More than One Can Chew? Climate-led Conditionality in the EU’s Generalised Scheme of Preferences Through the Lens of the Paris Agreement on Climate Change
e-Journal
- 9110 reads
Table of Contents: 1. Introduction. – 2. Origins and structure of the EU GSP regime. – 3. Climate-led conditionality in the present GSP Regulation. – 3.1. Positive conditionality in the GSP+ scheme: granting additional trade preferences upon ratification and effective implementation of climate-related conventions. – 3.2. Negative conditionality in...
A Case Study of Judicial-Legislative Interactions via the Lens of the DSA’s Host Liability Rules
e-Journal
- 23542 reads
Table of Contents: 1. Introduction. – 2. Analytical framework and methodology. – 3. Case Study: the development of intermediary liability for host service providers. – 3.1. Justification of case selection. – 3.2. Host liability under the ECD. – 3.3. The Court’s jurisprudence on host liability. – 3.4. Host liability under the Digital Services Act. –...
Insiders, Outsiders, and the Constructed Limits to Social Rights in EU Law
e-Journal
- 18208 reads
Table of Contents: 1. Introduction. – 2. The limitations of social rights of EU migrants. – 2.1. Secondary law. – 2.2. The consolidation of the limitations in the case law. 3. The differentiated social rights of non-EU migrants. – 3.1. Accepted limitations to social rights of non-EU migrants. – 3.2. The judicial review of the limitations. – 4....
Access to Social Benefits for Third-country Nationals in the European Union Between Fragmentation and Equal Treatment
e-Journal
- 39337 reads
Table of Contents: 1. Equal treatment and social benefits for third-country nationals in the European Union. – 2. The patchwork approach to social benefits under the EU migration directives. – 3. Equal treatment and access to social benefits under Directive 2003/109. – 4. Equal treatment and social benefits for beneficiaries of international...
Pages
