Table of Contents: 1. Introduction – 2. Hybrid acts: The ESMT and EU-Turkey statement – 2.1. The CJEU’s jurisdiction with respect to the ESMT – 2.2. The CJEU’s jurisdiction with respect to the EU-Turkey statement – 3. Thinking about criteria to distinguish between member state and EU institutional action in hybrid agreements 4. Conclusion: questions...
It has become common place to lament that democracy is in decline and that disagreement, polarisation, or even dissensus is mounting.[1] Democracy means different things to different people,...
Table of Contents: 1. Introduction. – 2. Politics, Technocracy, Non-Majoritarianism in the EU. – 2.1 The Standard Account… – 2.2 …and its Complications. – 3. Competition Law and Limited Politicisation. – 3.1 The Goals of EU Competition Law: An Inclusive and Flexible Mandate as Limited Politicisation. – 3.2. Legal Arrangements for Limited...
Table of Contents: 1. Introduction. – 2. CAs as NMIs. – 2.1. CAs as independent regulators. – 2.2. Legitimacy and accountability of NMIs. – 2.3 NMIs as guardians of representative democracy. – 3. The role of CAs in liberal democracy. – 3.1. CAs and liberal democracy. – 3.2 Mandate and powers of CAs in the EU. – 3.3 The relevance of independent CAs...
Table of Contents: 1. Introduction. – 2. EU deforestation regulation. – 2.1. Impact assessment. – 2.2. Overall design. – 2.3. Commodities covered. – 2.4. – Due diligence. – 2.5. Benchmarking system. – 2.6. Non-compliance and penalties. – 2.7. Concluding remarks. – 3. Carbon border adjustment mechanism. – 3.1. Impact assessment. – 3.2. Overall design...
Table of Contents: 1. Introduction. – 2. Situating judicial reform in Poland in a broader context. – 3. The role of regional courts in establishing the European standard of a court as a non-majoritarian institution. – 3.1. Multi-layered constitutionalism, European courts, and the rule of law crisis in Poland. – 3.2. Judicial reform in Poland before...
Table of contents: 1. Introduction. – 2. The Polish Constitutional Tribunal: from Non-Majoritarian to Politicized Actor. – 3. Judging Equality Away: The Constitutional Tribunal’s Role in Legitimizing an Anti-LGBT+ Agenda. – 4. Non-Majoritarianism of Common Courts: How the Dissensus within the Judiciary Arises....
Table of Contents: 1. Introduction. – 2. The role of the ECtHR after KlimaSeniorinnen. – 3. The role of the ECJ beyond Carvalho. – 4. National climate litigation. – 5. Interactions between regional and national courts. – 6. Multilayered non-majoritarianism in action: between the ECHR, national law, and EU law. – 7....
Table of Contents: 1. Introduction. – 2. Plaumann in CJEU climate litigation cases before KlimaSeniorinnen. – 2.1. CJEU case law on the application of Plaumann in climate litigation. – 2.2. A critique of Plaumann: general points of criticism and applicability in climate litigation. –...
Table of Contents: 1. Introduction. – 2. International Trade and the Environment: The Fight against Climate Change. – 3. The Carbon Border Adjustment Mechanism (CBAM) Regulation. – 4. The Legality of the CBAM under the Law of the World Trade Organization (WTO). – 5. The CBAM under the Lens of International Climate Change Law. – 6. Concluding Remarks...
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