Table of Contents: I. Introduction. – II. Mutual recognition and mutual trust: unattainable stars in the sky? – III. Set on a collision course: the limits of mutual recognition and mutual trust. – IV. Meteor approaching! Fundamental rights and the European arrest warrant. – V. Set on a collision course: from N.S. to the recent case-law...
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...
Table of Contents: I. Introduction. – I.1. Structure and aims of the analysis. – I.2. Public services, strategic industries and socio-economic protectionism: solidarity within the EU and the scope of free movement rules vis-à-vis EU and non-EU investors. – II. Intra-EU investments and golden shares. – II.1. Public services, social...
Table of Contents: I. Introduction. – II. “Support is our mission”: a critical assessment of EASO’s mandate and resources. – II.1. EASO’s mandate: areas of involvement and limitations. – II.2. EASO’s resources: a paper tiger? – III. Operational support: from expert consultants towards an integrated EU administration? – III.1. EASO operational...
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...
Abstract: Throughout the years the principle of mutual recognition and the underlying principle of mutual trust have greatly contributed to the EU integration process. The recent migration and terrorist crises that have stroke the Union and its Member States with full force have placed the individual and the respect for fundamental rights in the...
Table of Contents: I. Introduction. – II. Navigating the Tumultuous Waters of the European Rubicon. – III. Taming the Beast. What is Left of EU Law’s Integrative Capacity? – IV. The Holy Grail of Legitimacy.
Abstract: The paper gets back to Carol Harlow’s sobering assessment on...
Table of Contents: I. Introduction. – II. Legal Traditions and Fundamental Rights. – III. Legal Traditions and National Identity. – IV. Transgression and Response. – V. Legal Traditions ad Authority. – VI. Conclusion.
Abstract: National legal traditions have always played a pivotal role in the...
Table of Contents: I. Preliminary remarks. – II. Avotiņš v. Latvia: the facts of the case and the findings of the European Court of Human Rights. – III.1. Automatic recognition of civil judgments and rights of defence: the case-law of the CJEU. – III.2. The perspective of the European Court: How to strike a fair balance between mutual trust...
Table of Contents: I. Introduction. – II. The evolving relationship between the German Federal Constitutional Court and the CJEU under the ultra vires review. – III. The FCC criticism of the CJEU’s legal reasoning. – IV. The legal effects of the CJEU’s preliminary rulings.
Abstract: The...
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