Historians, Memory Laws, and the Politics of the Past

e-Journal

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...

History and Interpretation in the Fundamental Law of Hungary

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Table of Contents: I. Introduction. – II. Historical constitution. – III. Constitutional identity. – IV. Christian culture. – V. History and interpretation. – V.1. Achievements of the historical constitution. – V.2. Constitutional identity. – V.3. Christian culture. – VI. Conclusion: partisan tendencies and neutralising efforts....

Misinterpreting Mislabelling: The Psagot Ruling

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Table of Contents: I. Introduction. – II. The CJEU recourse to international law in decisions on disputed territories. – III. Court’s analysis in Psagot: mandatory indication of the country of origin or the place of provenance of foodstuffs. – III.1. "Country of origin” v. “place of provenance”. – III.2. Misleading consumers regarding the...

“Getting Brexit Done”: It Is Just the Beginning, not the End

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After 47 years of membership, the United Kingdom has left the European Union at the end of January 2020. Boris Johnson, the UK’s Prime Minister and prominent, if not accidental, face of the Vote Leave camp was at freedom to strike a gong and tick a box on his “to do” list. According to Downing Street 10, Brexit was done and dusted, exactly as promised during the election...

How Citizenship Divides: The New Legal Class of Transnational Europeans

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Table of Contents: I. Introduction. – II. The selective nature of Union Citizenship. – III. The right to live in another Member State. – IV. The right to equal treatment. – V. The family rights of mobile citizens. – VI. Adjudication rights. – VII. Separate, privileged, threatening. – VIII. The logic of Union Citizenship. – IX. Conclusion....

Indications of Settlement Provenance and the Duty of Non-recognition Under International Law

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Table of Contents: I. Introduction. – II. The duty of non-recognition: the Commission’s Interpretative Notice versus the Court’s judgment. – III. Consumer law and the duty of non-recognition: a poor fit. – IV. Importation of settlement products as implicit recognition. – V. Concluding observations.

Abstract:...

Rule of Law Conditionality in EU Funds: The Value of Money in the Crisis of European Values

e-Journal

Table of Contents: I. Introduction – II. Defending the budget or the rule of law? – III. Why using spending conditionality? – IV. Scheme of the proposal. – V. Addressing the legal shortcomings of the proposal. – V.1. Is the proposal compatible with the principle of conferral? – V.2 The Commission’s excessive discretionary power: a challenge to the...

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