The Pay Exclusion, Procedural Competence, and the Limits of Social Constitutionalism After the Ruling of the Court of Justice on the Adequate Minimum Wages Directive

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Table of Contents: 1. Introduction: the constitutional fault line. – 2. The Directive on adequate minimum wages: ambition, architecture, and constitutional risk. – 2.1. Political origins and normative stakes. – 2.2. The architecture of constrained ambition. – 3. The annulment action: constitutional arguments and what they disclose. – 3.1. The...

Dignity of the Individual within the Legal Framework of the European Union

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Table of Contents: 1. Dignity and dignities in legal systems. – 2. The concept of human dignity in the employment relationship at the European level. – 3. Normative pillars of workers’ dignity in European Law: EU-level protections. – 4. Constitutional guarantees and beyond: the Italian case. – 4.1. The role of case law in defining the ‘spectrum’ of...

C-713/23 Wojewoda Mazowiecki judgment: Abandoning the ‘Free Movement Purpose’ Approach to Civil Status Recognition?

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Table of Contents: 1. Introduction – 2. Case C-713/23 Jakub Cupriak-Trojan and Mateusz Trojan v Wojewoda Mazowiecki – 2.1. Facts of the case – 2.2. Opinion of the Advocate General Richard de la Tour – 2.3. Reasoning and decision of the CJEU – 3. Articles 20 and 21 TFEU: What is new about Union...

General Principles of International Law and the EU’s Legal Order

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Table of contents: 1. Introduction. – 2. The position of general principles of international law in the EU legal order. – 3. The Court of Justice of the European Union and general principles of international law. – 3.1. The concept of general principles of (international) law in the CJEU’s case-law. – 3.2. The influence of international law on...

Sustainable Development: A Principle of EU External Relations Law?

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Table of contents: 1. Introduction. – 2. Genesis and place of sustainable development in EU Treaties and policy. –  3. Sustainable development in substantive EU external policies – 3.1. Trade policy. – 3.2. Development cooperation. – 3.3 External environmental policy. –  4. Conclusion.  

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Proportionate Sanctions? Balancing Effectiveness and Fundamental Rights before the CJEU

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Table of Contents: 1. Introduction. – 2. EU sanctions as proportionate sanctions. – 3. The proportionality review of sanctions before the CJEU. – 3.1. The manifest inappropriate test: reviewing the proportionality of policy measures. – 3.1.1. The proportionality plea raised by Russian businesspersons against the ‘criterion (g)’. – 3.1.2. The...

Equivalence as Emerging Principle of EU External Relations Law

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Table of Contents: 1. Introduction. – 2. The Application of the Principle of Equivalence in the Financial Services Sector. – 3. The Adequacy Assessment of Personal Data Transfers to Third Countries. – 4. Other Areas in which the Principle is Employed. – 5. The Outcomes of Applying the Equivalence Mechanism: between protectionism and...

The Requirement of Unity in EU International Representation: A Principle, an Objective or Nothing at All?

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Table of Contents: 1. Introduction – 2. Unity in international representation: an accidental and ambivalent principle? – 3. Unity in the fragmented international representation and in the horizontal relationship?– 3.1 External representation by a panoply of actors and acts – 3.2 External representation as an executive prerogative – 3.3 Three sectors...

General Principles and Fundamental Rights Review in the Common Foreign and Security Policy after KS and KD v Council et al.: A Missed Opportunity for the Rule of Law

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Table of Contents: 1. Introduction – 2. Background to the case: KS and KD in a legal blackhole – 3. CJEU jurisdiction and the curious argument from the principle of conferral – 3.1 Conferral as a principle of integration – 3.2 Fundamental rights review as constitutionalisation, not integration – 3.3 Shift from conferral to consent in the Court’s...

Respect for Human Rights as a General Principle of EU External Relations Law: Between De Jure Obligations and De Facto Standards

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Table of Contents: 1. Introduction – 2. The de jure standard of fundamental rights protection – 2.1. Treaty foundations of the EU’s human rights obligations – 2.2. Human rights obligations flowing from the Charter of Fundamental Rights – 3. The de facto standard of fundamental rights protection – 3.1....

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