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. Introduction – 2. The jurisprudential context – 2.1. Citizenship from solidarity to identity – 2.2. Values and competence in EU law – 2.3. The naming cases – 3. The radicalness of the Coman line – 3.1. Old principles in a new context – 3.2. Mutual recognition – 3.3. Justification and consistency – 3.4. U-turns – 4....
Table of Contents: 1. An introduction to legal fictions: structure, functions and purposes. – 1.1. The (dis)appearance of fictio iuris: common beliefs. – 1.2. Strategic dissimulation. – 2. Non-entry fiction, (international) transit zones and extraterritoriality. – 2.1. The gradual proliferation of non-entry fictions across the Member States...
Table of Contents: 1. Introduction. – 2. The timeline of the creation of the Special Tribunal. – 2.1. On the desirability of the Tribunal. – 2.2. Mobilising international support (2014–2023). – 2.3. Towards formalization: the Council of Europe Framework (2023–2025). – 3. Key features of the Special Tribunal. – 3.1. Jurisdiction: a narrow and focused...
Table of Contents: 1. Introduction. – 2. EU internal arrangements implementing international conventions. – 3. The provisions of the accession agreement that must be implemented at the EU level. – 3.1. The co–respondent mechanism and the role of the EU institutions in its implementation. – 3.2. The Prior Involvement of the CJEU. – 3.3....
Table of Contents: 1. Introduction. – 2. Context, background and judgment. – 2.1. Facts of the case and legal framework. – 2.2. The Opinion of the AG and the judgment of the Court. – 3. Critical analysis. – 3.1. The trajectory of the case law. – 3.1.1. Exceptions to transfers due to systemic deficiencies and fundamental rights concerns. – 3.1.2...
Table of Contents: 1. Introduction. – 2. EU budgetary governance and authority. – 2.1. The next MFF and its institutional foundations. – 2.2. The European executive in relation to the institutional balance. – 2.2.1. The executive power at the EU level in the institutional balance framework. – 2.2.2. The evolving executive role in EU budgetary...
Table of Contents: 1. The Electricity Market Design Reform in context: the regulatory contents of the energy transition. – 2. The introduction of ‘energy sharing’ as a general right. – 3. The broader implications of the introduction of ‘energy sharing’. – 3.1. ‘Energy sharing’ and the reconfiguration of roles in EU electricity...
Table of Contents: 1. Introduction. – 2. Factual and legal background. – 3. Preliminary issues: admissibility. – 4. Assessment and findings of the CJEU. – 4.1. Breaching the Council decision setting out the common EU position. – 4.2. Disrespecting the EU’s exclusive external competence under Article 3(2) TFEU. – 4.3. Breaching the principle of...
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