Table of Contents: 1. Introduction. – 2. Factual background. – 3. Analysis. – 3.1. Previous case law. – 3.2. The Court’s decision. – 3.2.1. Res iudicata and probative value – 3.2.2. Mandatory arbitration – 3.2.3. Standard of review – 3.2.4. The self-enforcing nature of CAS arbitration – 3.2.5....
Table of Contents: 1. Introduction. – 2. Factual and legal background. – 2.1. The DSD regulations and their impact on Ms. Semenya’s career. – 2.2. The proceedings before the CAS and the Swiss Federal Supreme Court. – 2.3. The ECtHR’s Third Section ruling. – 3. The final ruling of the Grand Chamber. – 4. Comment – 4.1. The Grand Chamber’s analysis on...
Table of Contents: 1. Introduction. – 2. What is the PQD, and what is left of it in contemporary constitutional systems. – 3. The subtle emergence of a PQD in the case law of the ECJ. – 4. A PQD in EU law. – 5. Concluding remarks.
Abstract: This article examines the emergence of a...
Table of Contents: 1. Introduction. – 2. ECB supervision of banks. – 3. On-site visits, extraterritorial enforcement and international law. – 4. International agreements concerning extraterritorial inspections. – 4.1. Memoranda of Understanding and on-site visits. – 4.2. Qualifying the ECB MoUs under international law. – 5. The legal status of MoUs...
Table of Contents: 1. Introduction. – 2. Conceptual framework: ‘models of constitutional accommodation’ in domestic and international law. – 2.1. Emergency provisions in constitutional documents. – 2.2. Emergency provisions in international Treaties. – 3. From a system of safeguard clauses to a system of emergency clauses: the changing shape of EU...
Table of Contents: 1. Introduction – 2. Facts of the case and questions referred – 3. Opinion of Advocate General Ćapeta – 4. Judgment of the Court – 5. Analysis of selected issues concerning the Court’s jurisdiction – 5.1. In the shadow: fundamental rights protection as a question of competence – 5.2. Categorization of restrictive measures: binary...
Table of Contents: 1. Introduction. – 2. The UK-France Declaration and the UK-Germany Treaty. – 3. The old doctrine of vital interests. – 4. The overlap with the 1949 North Atlantic Treaty. – 5. Conclusions.
Abstract: The UK-France joint nuclear statement of 10 July 2025 and the Treaty between the...
Table of Contents: 1. Introduction. – 2. The challenge of defining minimal democratic standards. – 3. Ensuring the European’s Parliament’s democratic character. – 3.1. Existing rules and jurisprudence. – 3.2. The case for reinterpretation of the Direct Suffrage Act. – 3.3. Operationalising a reinterpretation of the Direct Suffrage Act. – 4. Ensuring...
Table of Contents: 1. Introduction. – 2. The (limited) substance of the judgment in Commission v Malta: what it says about citizenship per se. – 3. The concrete expression of solidarity. – 4. EU citizenship is based on mutual trust. – 4.1. How has mutual trust been applied in the internal market already? – 4.2. How could mutual trust impact upon Union...
Table of Contents: 1. Introduction. – 2. Background. – 3. Judgment of the General Court. – 3.1. Against a narrow reading of possession. – 3.2. Obligation to provide plausible explanations. – 3.3. Document registration. – 4. Plus ça change. – 4. Conclusion.
Abstract: On May 14, 2025 the Grand Chamber of the...
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