Table of Contents: I. Introduction. – II. The “reforms” of the national council of judiciary and the Supreme Court. – III. The Court of Justice judgment. – IV. The EU-friendly face of the Supreme Court. – V. The restrained face of the Supreme Court. – VI. Conclusions.
Abstract: The present ...
Abstract: In a recent Article published in this Journal, Gareth Davies draws a parallel between European citizens as fashioned by EU law and pre-war Europe's Jews (G. Davies, How Citizenship Divides: The New Legal Class of Transnational Europeans, in European Papers, Vol. 4, 2019, No 3,...
Table of Contents: I. Introductory remarks. – II. The governance of historical memory in Europe. – III. The rule of law. – VI. Memory governance and the rule of law. – V. Concluding remarks.
Abstract: The legal governance of historical memory in Eastern and Central Europe has grown exponentially...
Table of Contents: I. Introduction. – II. A post-sovereign world. – III. Autonomy: sovereignty in disguise? – IV. European Sovereignty?
Abstract: Spearheaded by French President Emmanuel Macron, the concept of “European sovereignty” is used increasingly often in debates on the role of the EU in the...
Table of Contents: I. The dichotomy’s original purposes. – II. The distinction between redistributive and regulatory policies. – III. The financial crisis and the emergence of an EU “twin legitimacy deficit”. – IV. Pringle and Gauweiler as symptoms of the contradictory response to the financial crisis. – V. The pivotal role of...
Abstract: This note is a brief response to Professor Azoulai's reaction (On Dubious Parallels: The Transnational Europeans and the Jews. A Note on Gareth Davies’ Article, in European Papers, Vol. 5, 2020, No 1, forthcoming,...
Table of Contents: I. Historians against memory laws. – II. Historical memory and criminal law. – III. Universal values and particularistic memories. – IV. Populism and memory in Eastern Europe – V. Concluding remarks.
Abstract: This Article examines historians’ protests against memory...
Table of Contents: I. Introduction. – II. Jurisdictional sovereignty: a core element of an elusive concept. – III. EU autonomy as construed by the Court of Justice. – IV. Jurisdictional sovereignty of the EU as a legal construction. – V. Concluding reflections on the Court’s autonomy conception in context.
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Table of Contents: I. The paradox of the European rule of law. – II. The rule of law in the modern State and in the European legal order. – III. The genetic heritage of the rule of law in the European legal order. – IV. Technocratic legitimacy and the progressive construction of a living constitution. – V. Administrative law and constitutional law...
Table of Contents: I. Family life as a European legal form. – I.1. Family life and social life: the impotence of European Union law? – I.2. The family as a “form of life”: an existential approach to European Union law. – I.3. Law and forms of European family life: starting with concrete lives. The case of citizenship. – II. The European de-formation...
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