e-Journal
- 2258 reads
Achmea Between the Orthodoxy of the Court of Justice and Its Multi-faceted Implications: An Introduction
e-Journal
- 1355 reads
Table of Contents: I. Introduction. – II. Achmea, from the perspective of international investment law specialists. – III. An impressive set of consequences inferred from Achmea. – IV. Achmea and the European integration process.
Abstract: The Achmea case has...
Regulatory Competition in the EU: Foundations, Tools and Implications – Introduction
e-Journal
- 1598 reads
Abstract: The Special Section investigates, from a multidisciplinary perspective, foundations, tools and implications of regulatory competition in the EU legal order. The analysis takes the view that regulatory competition is not just an inevitable corollary of the creation of the internal market, but it is the result of political choices made to...
The 2019 Elections and the Future Role of the European Parliament: Upsetting the Institutional Balance?
e-Journal
- 2598 reads
The elections of May 26 have been welcomed with a sense of relief by the inhabitants of the European districts in Brussels and Strasbourg. If, on the eve of the elections’ day, the dominant mood was fear of a euro-sceptic landslide, that would have deepened the cleavage between peoples and elites and shaken at its roots the process of integration, this mood has gradually...
I Would Rather Be a Respondent State Before a Domestic Court in the EU than Before an International Investment Tribunal
e-Journal
- 1332 reads
Table of Contents: I. Introduction. – II. Who trumps who? – II.1. Is EU law autonomous? – II.2. EU law and Member States’ BITs. – II.3. The peculiar case of the ECT. – III. Achmea or how international investment tribunals do not understand EU law. – III.1. Why investment tribunals do not have jurisdic-tion in all intra-EU disputes? – III.2. The Advocate...
The False Commodity in the European Game of Legal Chairs: Between the Ideal of Regulatory Competition and the Practice of Capitalism Triumphant
e-Journal
- 1056 reads
Table of Contents: I. From the legal regulation of cross-border relations to systematic policy and regulatory competition. – II. European Community law as the discipline of cross-border legal relations. – II.1. Community law as the European law of conflict: coordinating public power through law. – II.2. The limits of Community law as European law of...
European Forum (European Papers, Vol. 4, 2019, No 1)
e-Journal
- 934 reads
Insights
Matteo Aranci, I recenti interventi della Corte di giustizia a tutela della rule of law in relazione alla crisi polacca...
On Achmea, the Autonomy of Union Law, Mutual Trust and What Lies Ahead
e-Journal
- 1284 reads
Table of Contents: I. Introduction. – II. Beyond autonomy: mutual trust applies to investment protection and beyond. – III. The application of Achmea by investor-State tribunals. – IV. The consequences: how Member States have committed to apply Achmea.
Abstract: This Article...
Sociological Shortcomings and Normative Deficits of Regulatory Competition
e-Journal
- 1190 reads
Table of Contents: I. Back to the beginnings: the origins of a new paradigm. – II. The conceptual gist of the controversy. – III. “Back to the Nation State” or “More Europe”: Wolfgang Streeck v. Jürgen Habermas. – IV. Institutionalising the united in diversity vision. – V. Instead of an epilogue.
Abstract:...
On Achmea, the Autonomy of Union Law, Mutual Trust and What Lies Ahead
e-Journal
- 4631 reads
Table of Contents: I. Introduction. – II. Beyond autonomy: mutual trust applies to investment protection and beyond. – III. The application of Achmea by investor-State tribunals. – IV. The consequences: how Member States have committed to apply Achmea.
Abstract: This Article...
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