e-Journal
- 941 reads
On Achmea, the Autonomy of Union Law, Mutual Trust and What Lies Ahead
e-Journal
- 1325 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...
Regulating Tax Competition in the Internal Market: Is the European Commission Finally Changing Course?
e-Journal
- 3717 reads
Table of Contents: I. Introduction. – II. Tax competition and the EU internal market: from beneficial to ever more dangerous. – II.1. The place of tax provisions in the EU internal market setup. – II.2. Tax competition within the EU internal market. – II.3. Current position: “aggressive” tax competition calls for EU intervention. – III. Overcoming “...
The Future of Social Europe and of European Integration at a Crossroads: How Can We Recover and Enforce Solidarity as a Fundamental Principle of European Constitutional Law (or Die)?
e-Journal
- 1262 reads
Table of Contents: I. A reference point in the crucial debate about social Europe. – II. Social Europe and European integration today: a worrying picture. – III. A constructive approach. – IV. Judicial enforcement of solidarity: possibilities and limitations. – V. Strengthening cooperation and synergies (il faut cultiver notre jardin). – VI...
Some Reflections on Achmea’s Broader Consequences for Investment Arbitration
e-Journal
- 1386 reads
Table of Contents: I. Introduction. – II. A delicate good: autonomy of the EU legal order. – III. Consequences for CETA’s Investment Court System. – IV. Intra-EU BITs: national courts as the guardian of the Union of law. – V. Autonomy as an obstacle to the Union submitting to the jurisdiction of international courts or tribunals. – VI. The future of...
Opinion 1/17 in Light of Achmea: Chronicle of an Opinion Foretold?
e-Journal
- 5278 reads
Table of Contents: I. Introduction. – II. Achmea’s relevance as a precedent for Opinion 1/17. – III. Application of the Achmea test to the CETA tribunal. – IV. Conclusion: an Opinion foretold?
Abstract: The Achmea judgment of the Court of Justice...
Institutionalising Solidarity: A Genuine Challenge for Europe
e-Journal
- 3023 reads
Table of Contents: I. Introduction. – II. A remarkable piece of scholarship for the conceptual approach chosen. – III. Reflecting on the foundational concept: the centrality of collective bargaining.
Abstract: In Solidarity and Conflict (Cambridge: Cambridge University Press, 2018),...
Free Movement of Dual EU Citizens
e-Journal
- 1245 reads
Table of Contents: I. Introduction. – II. Setting the scene. – II.1. Applicable nationality – Ranking and mobility quality. – II.2. Constellations. – II.3. Right to return – Conditions (Home MS(/MS) movement MS/Home MS). – II.4. “Circular” right to return – (Home MS/MS movement Home MS/Home MS). – II.5. Naturalisation – Lounes (Home MS/MS...
Distinguishing Between Use and Abuse of EU Free Movement Law: Evaluating Use of the “Europe-route” for Family Reunification to Overcome Reverse Discrimination
e-Journal
- 1634 reads
Table of Contents: I. Introduction. – II. Reverse discrimination: colliding constitutional principles in EU law. – III. Abuse of EU law: definition and background. – IV. Abuse in the context of family reunification rights. – V. The case-law of the Court of Justice on family reunification law abuse. – VI. The Commission Communication with guidelines...
Free Movement of Dual EU Citizens
e-Journal
- 5759 reads
Table of Contents: I. Introduction. – II. Setting the scene. – II.1. Applicable nationality – Ranking and mobility quality. – II.2. Constellations. – II.3. Right to return – Conditions (Home MS(/MS) movement MS/Home MS). – II.4. “Circular” right to return – (Home MS/MS movement Home MS/Home MS). – II.5. Naturalisation – Lounes (Home MS/MS...
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