Table of Contents: 1. Introduction. – 1.1. Better lawmaking as a joint effort. – 1.2. Methodology. – 2. Shortcomings in the Commission impact assessment. – 2.1 Regulating platforms’ standard terms. – 2.2. Regulating recommender systems. – 2.3 Evidence, strengths and weaknesses in the impact assessment. – 3. European Parliament’s amendments. – 3.1....
Table of Contents: 1. Introduction. – 2. The relationship between excessive pricing and excessive data collection. 2.1. United Brands – step 1. – 2.2. United Brands – step 2. – 3. The relationship between unfair trading conditions and excessive data collection. – 4. Excessive data collection in practice: Meta (formerly Facebook...
Table of Contents: 1. Introduction. – 2. Between two identities: national and European identity in EU law. – 2.1. The concept of European identity in EU law. – 2.2. National identity in the context of EU Law. – 2.3. Interplay between national and European identity. – 3. From consensus to conflict? – 3.1. Identified cases. – 3.2. Which...
Table of Contents: 1. Simple as it is? – 1.1. Analysis of drafting elements. – 1.2. Interpretative and systematic understanding. – 2. A concise framework to understand the use of precedents by the Luxembourg Court. – 3. Case-study 1: a turning point in the case-law on the independence of judges. – 4. Case-study 2: two close episodes...
Table of Contents: 1. Background. – 2. The strange case of the direct effect of the principle of proportionality of penalties. – 2.1. The NE II judgement and its shift in perspective. – 2.2. Implications of the NE ruling. – 3. Tensions with national constitutional structures: the Italian example. – 4. The Italian Constitutional...
Table of Contents: 1. Setting the scene: EU autonomy and its expanding external dimension – 2. Inside and outside perspectives on EU autonomy – 3. Bridging perspectives: introducing the Special Section – 4. Concluding thoughts.
Abstract: The autonomy of EU law is a foundational principle of the...
Table of Contents: 1. Introduction. – 2. Snowballing: expanding and mushing together autonomy and other principles. – 3. Yoyoing: pivoting between ‘thick’ and ‘thin’ autonomy. – 4. Zooming in: different understandings of autonomy in action. – 4.1. Investment arbitration as the hotbed of recent EU autonomy debates. – 4.2. The EU’s accession to the...
Table of Contents: 1. Introduction. – 2. The CJEU and the Autonomy of EU Law. – 2.1. Exclusive jurisdiction under Article 344 TFEU. – 2.2. Exclusive jurisdiction over broader interpretation of EU law. – 3. The View from Public International Law. – 3.1. Key Concepts and Structures of Public International Law. – 3.2. The Limits of CJEU Exclusivity. –...
Table of Contents: 1. Introduction. – 2. The consequences of Opinion 2/13: Basket Four and the developments of the Court’s case law in relation to the CFSP. – 2.1. The Problem of Basket Four. – 2.2. Exploring the jurisdiction regarding the CFSP: the developing case law of the Court. – 2.3. Refining the jurisdiction of the Court: Neves...
Table of Contents: 1. The autonomy of EU law and the right to an effective remedy. – 2. The right to an effective remedy in the CFSP. – 2.1. Elitaliana. – 2.2. H v. Council – 2.3. SatCen. – 2.4. Rosneft – 2.5. Bank Refah Kargaran. – 2.6. KS and KD. – 2.7. Interim conclusion. – 3. EU accession to...
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