“Clash of Titans 2.0”. From Conflicting EU General Principles to Conflicting Jurisdictional Authorities: The Court of Justice and the Danish Supreme Court in the Dansk Industri Case

e-Journal

Table of Contents: I. Introduction. – II. The Danish Supreme Court’s reasoning. – III. The ‘selective’ supremacy of EU law according to the Danish Supreme Court: is it time to reaffirm Costa v. ENEL? –  IV. The horizontality of the EU Charter of Fundamental Rights. – V. Conclusion. 

...

Art. 50 TEU: A Well-Designed Secession Clause

e-Journal

Table of Contents: I. Introduction. – II. The problem of unilateral secession and withdrawal. – III. Does the right to unilateral secession/withdrawal matter? – IV. The EU’s unity in withdrawal negotiations. – V. The not-so-unilateral character of withdrawal under Art. 50 TEU. – V.1. Obligation to promptly activate the withdrawal procedure. – V.2....

Art. 50 TEU: A Well-Designed Secession Clause

e-Journal

Table of Contents: I. Introduction. – II. The problem of unilateral secession and withdrawal. – III. Does the right to unilateral secession/withdrawal matter? – IV. The EU’s unity in withdrawal negotiations. – V. The not-so-unilateral character of withdrawal under Art. 50 TEU. – V.1. Obligation to promptly activate the withdrawal procedure. – V.2....

Towards a Uniform Standard of Protection of Fundamental Rights in Europe?

e-Journal

The multiplicity of systems of protection of fundamental rights is certainly a badge of honour for Europe. At present, there are no less than three general instruments of protection applicable to the territories of the Member States: the European Convention of human rights, the Charter of fundamental rights and the plethora of national bills of rights. Their coexistence,...

Scotland’s Place in Europe After Brexit: Between a Rock and a Hard Place? A Legal Scoping Exercise

e-Journal

Table of Contents: I. Introduction. – II. Background: Scotland’s place in the UK. – III. Scotland as part of the UK: the legal options around a special deal. – III.1. EU membership for Scotland as part of the UK? – III.2. Scotland in the single market as part of the UK? – IV. Scotland as an independent country. – IV.1. The path to an independence...

Towards a Uniform Standard of Protection of Fundamental Rights in Europe?

e-Journal

The multiplicity of systems of protection of fundamental rights is certainly a badge of honour for Europe. At present, there are no less than three general instruments of protection applicable to the territories of the Member States: the European Convention of human rights, the Charter of fundamental rights and the plethora of national bills of rights. Their coexistence,...

Mutual Trust Before the Court of Justice of the European Union

e-Journal

Table of Contents: I. Introduction. – II. How is the principle of mutual trust applied? – III. What does the principle of mutual trust convey? – IV. The limits of the principle of mutual trust. – V. Final reflections.

Abstract: The principle of mutual trust is not mentioned in the Treaties, but...

Aleksei Petruhhin: Extradition of EU Citizens to Third States

e-Journal

Table of Contents: I. Introduction. – II. Facts and legal background of the case. – III. Extradition of an EU citizen to a third State in light of Art. 18 TFEU. – III.1. Introduction. – III.2. Does extradition of EU citizens to third States on a basis of a bilateral agreement with the Member State fall within the EU law domain? – III....

Pages

e-Journal

European Forum

e-Journal

Forum Européen

e-Journal

Forum europeo

e-Journal

Foro Europeo