Representing the People vs Channelling Them: Constitutional Niceties in an Age of Instant Democratic Gratification. Episode 2: The Supreme Court

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Table of Contents: I. The Brexit Judgment. – II. The role of Parliament in Brexit. – III. Conclusion.

Abstract: On 24 January 2017, the Supreme Court of the United Kingdom has decided that the Prime Minister of the United Kingdom cannot serve notice under Article 50 TEU that the UK wishes to leave...

Mutual Trust and Human Rights in the AFSJ: In Search of Guidelines for National Courts

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Table of Contents: I. Introduction. – II. Protection of fundamental rights in the EU: opinion 2/13 of the CJEU. – III. Case-law of the CJEU and the European Court of Human Rights. – III.1. Civil and commercial cooperation. – III.2. Child abduction: The Hague Convention on Child Abduction and Regulation 2201/2003. – III.3. Common European Asylum...

H v. Council: Strengthening the Rule of Law in the Sphere of the CFSP, One Step at a Time

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Table of Contents: I. Introduction. – II. A complete system of judicial protection, also in the sphere of the CFSP? – III. In search of the limits of the jurisdictional carve-out: in defence of the ECJ’s incremental approach. – IV. Looking forward: towards a comprehensive approach. – IV.1. A reading of Art. 275 TFEU...

Enforcing the Rule of Law in the EU. In the Name of Whom?

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Astonishment seized Europe when, at the beginning of October 2016, Viktor Orban organised a referendum that explicitly aimed at violating EU law. On Thursday 27 October, the three-month deadline the Commission had imposed upon Poland to address what it saw as systemic threats against the rule of law in the country, expired.[1]...

Horizontal Federalism, Mutual Recognition and the Balance Between Harmonization, Home State Control and Host State Autonomy

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Table of Contents: I. Introduction. – II. Horizontal federalism in the US. – II.1. Full faith and credit. – II.2. Extradition. – II.3. Interstate commerce. – II.4. Interstate compacts. – III. Horizontal federalism in the EU: mutual recognition. – III.1. Constitutional principle by accident? – III.2. Apogee and after. – III.3. Mutual recognition...

Enforcing the Rule of Law in the EU. In the Name of Whom?

e-Journal

Astonishment seized Europe when, at the beginning of October 2016, Viktor Orban organised a referendum that explicitly aimed at violating EU law. On Thursday 27 October, the three-month deadline the Commission had imposed upon Poland to address what it saw as systemic threats against the rule of law in the country, expired.[1]...

Welfare Markets and the Democracy of European Integration

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Abstract: Since 2009, austerity and the pressure for decreasing public spending in Europe have strongly targeted welfare services such as transport, healthcare, social services, culture and education, etc. In order to understand the current situation of welfare services in Europe today, one must take a step back and look at the broader development...

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European Forum

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Forum Européen

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Forum europeo

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Foro Europeo