Non-Majoritarian Regulators in Democratic Systems: The Case of Competition Authorities

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Table of Contents: 1. Introduction. – 2. CAs as NMIs. – 2.1. CAs as independent regulators. – 2.2. Legitimacy and accountability of NMIs. – 2.3 NMIs as guardians of representative democracy. – 3. The role of CAs in liberal democracy. – 3.1. CAs and liberal democracy. – 3.2 Mandate and powers of CAs in the EU. – 3.3 The relevance of independent CAs...

Evaluating the Role of the European Commission as a Non-Majoritarian Actor: EU Climate Policy Between Expert Governance and Democratic Aspirations

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Table of Contents: 1. Introduction. – 2. EU deforestation regulation. – 2.1. Impact assessment. – 2.2. Overall design. – 2.3. Commodities covered. – 2.4. – Due diligence. – 2.5. Benchmarking system. – 2.6. Non-compliance and penalties. – 2.7. Concluding remarks. – 3. Carbon border adjustment mechanism. – 3.1. Impact assessment. – 3.2. Overall design...

Poland’s Judicial Reform Before the European Courts: What Makes a Court a Non-Majoritarian Institution?

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Table of Contents: 1. Introduction. – 2. Situating judicial reform in Poland in a broader context. – 3. The role of regional courts in establishing the European standard of a court as a non-majoritarian institution. – 3.1. Multi-layered constitutionalism, European courts, and the rule of law crisis in Poland. – 3.2. Judicial reform in Poland before...

When the Constitutional Court Is No Longer a Non-Majoritarian Institution: Equality Litigation Before Common Courts in Poland

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Table of contents: 1. Introduction. – 2. The Polish Constitutional Tribunal: from Non-Majoritarian to Politicized Actor. – 3. Judging Equality Away: The Constitutional Tribunal’s Role in Legitimizing an Anti-LGBT+ Agenda. – 4. Non-Majoritarianism of Common Courts: How the Dissensus within the Judiciary Arises....

The International Law Reading of the EU Carbon Border Adjustment Mechanism (CBAM)

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Table of Contents: 1. Introduction. – 2. International Trade and the Environment: The Fight against Climate Change. – 3. The Carbon Border Adjustment Mechanism (CBAM) Regulation. – 4. The Legality of the CBAM under the Law of the World Trade Organization (WTO). – 5. The CBAM under the Lens of International Climate Change Law. – 6. Concluding Remarks...

Reconciling GHG Mitigation Objectives and WTO Rules: the EUDR’s Key Challenges under the TBT Agreement

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Table of Contents: 1. Introduction. – 2. The impact of the EUDR on imported products: an analysis of the measure’s key features. – 3. Legal analysis of the EUDR under the TBT Agreement. – 3.1. The qualification of the measure under the TBT Agreement. – 3.2. Legal assessment under Article 2.1 TBT Agreement. – 3.3. Analysis pursuant to Article 2....

Enhancing Green Bond Regulation in the EU: Strengthening Oversight, Market Growth, and Climate Justice

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Table of Contents: 1. Introduction. – 2. A fragmented path to regulation: the evolution of the EU green bond regulatory framework. – 3. Barriers to adoption: why the EUGB Regulation may struggle to gain traction. – 4. Addressing the barriers: regulatory and policy solutions to enhance the EUGB Regulation. – 5. Bridging the gaps in the...

A Landmark Judgment in the Refusal to Deal Doctrine: Android Auto (Case C‑233/23) and Bronner’s Future in Digital Platform Markets

e-Journal

Table of Contents: 1. Introduction. – 2. The Bronner criteria and their relevance in digital platform markets. – 3. Factual background to the dispute. – 4. The decision of the ICA. – 4.1. Market definition. – 4.2. The ICA’s assessment. – 5. Google’s Appeal to the Administrative Court. – 6. Google’s appeal to the Supreme Administrative Court...

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