The (Im)possibility of a CFSP “Internal Solution”

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Table of Contents: I. Introduction – II. The main options considered by the negotiators – II.1. Introduction – II.2. A “reattribution mechanism” to ensure that EU Member States are exclusively responsible for CFSP conduct outside the scope of CJEU jurisdiction – II.3. An “interpretative declaration” to extend the CJEU’s jurisdiction over the CFSP –...

Shades of Trust: The ECtHR, the ECJ and Their Evolving Relationship in Light of the 2023 Revised Draft Accession Agreement

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Table of Contents: I. Introduction. – II. Trust and distrust: Delineations and reflections on the protagonists of the EU accession saga. – III. Opinion 2/13 and its aftermath: The politics of distrust. – IV. The mirage of trust: The ECtHR and the draft accession instruments. – V. The road ahead: (Re-)building trust post-accession. – VI....

The Revised Draft Agreement on the Accession of the EU to the ECHR: Third Time’s a Charm?

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Table of Contents: I. Introduction. – II. Preparing the ground for another attempt? The judicial dialogue between the CJEU and ECtHR since Opinion 2/13 – III. Negotiating the Revised Draft Accession Agreement. – IV. Appraising the Revised Draft Accession Agreement. - V. Conclusion.

Abstract...

The Revised Draft Agreement on the Accession of the EU to the ECHR: Third Time’s a Charm?

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Table of Contents: I. Introduction. – II. Preparing the ground for another attempt? The judicial dialogue between the CJEU and ECtHR since Opinion 2/13 – III. Negotiating the Revised Draft Accession Agreement. – IV. Appraising the Revised Draft Accession Agreement. - V. Conclusion.

Abstract...

A Council of Europe Perspective on the European Union’s Accession to the European Convention on Human Rights

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Table of Contents: I. Introduction. – II. Guiding principles. – III. Proceedings before the European Court of Human Rights. – III.1. The co-respondent mechanism. – III.2. The “prior involvement” of the Court of Justice. – III.3. Operation of inter-party applications and ECHR advisory opinions. – III.4. The principle of mutual trust between EU Member...

Atlas Shrugged: An Analysis of the ECtHR Case Law Involving Issues of EU Law Since Opinion 2/13

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Table of Contents: I. Introduction: “The disappointment that we felt”. – II. Connolly continued: complaints about acts of the EU institutions. – III. Back to real Bosphorus: complaints about EU Member States implementing EU law. – IV. No blind trust: complaints about cooperation between EU Member States. – IV.1. Avotiņš:...

Ten Years On: The Charter of Fundamental Rights in the Jurisprudence of the Court of Justice of the European Union Since Opinion 2/13

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Table of Contents: I. Introduction. – II. Seeing the wood for the trees: the background. – III. How did the Court of Justice of the European Union use the extra time? – IV. Conclusions.

Abstract: Ten years ago, when the Court of Justice delivered Opinion 2/13, the author of the present Article...

Ten Years On: The Charter of Fundamental Rights in the Jurisprudence of the Court of Justice of the European Union Since Opinion 2/13

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Table of Contents: I. Introduction. – II. Seeing the wood for the trees: the background. – III. How did the Court of Justice of the European Union use the extra time? – IV. Conclusions.

Abstract: Ten years ago, when the Court of Justice delivered Opinion 2/13, the author of the present Article...

Atlas Shrugged: An Analysis of the ECtHR Case Law Involving Issues of EU Law Since Opinion 2/13

e-Journal

Table of Contents: I. Introduction: “The disappointment that we felt”. – II. Connolly continued: complaints about acts of the EU institutions. – III. Back to real Bosphorus: complaints about EU Member States implementing EU law. – IV. No blind trust: complaints about cooperation between EU Member States. – IV.1. Avotiņš:...

Which Rule of Law for the External Borders of the European Union? Agencies, Institutions, and the Complex Upholding of the Rule of Law at the EU’s External Borders

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Table of Contents: I. Introduction: the low-intensity constitutionalism of the EU and its meaning for agencies. – II. The rule of law and its implication in the EU legal order: effective judicial protection. – II.1. Rule of law and effective judicial protection. – II.2. The rule of law and its meaning for agencies.  – III. The rule of law and...

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European Forum

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