Abstract: This contribution to the Dialogue offers a first analysis of the recent initiative to establish a Conference on the Future of Europe – discussing whether it can become a new model to reform the EU, and if so, how it should be designed to succeed. The contribution examines the technicalities of the EU treaty amendment rules and...
Table of Contents: I. Introduction. – II. Attribution of conduct and the European Court of Human Rights case-law on international organisations. – II.1. European Court of Human Rights review of MS-attributed conduct. – II.2. European Court of Human Rights review of IO-attributed conduct. – III. The European Court of Human Rights’ first stab at the...
Table of Contents: I. Introduction. – II. Theoretical framework: why national judges participate in judicial dialogue with the CJEU. – III. Judiciary reforms in Poland 2017-2018: a brief overview. – IV. Preliminary questions as reaction of Polish courts to the judiciary reforms. – V. Defending the rule of law or reality based self-defense...
Abstract: This contribution to the Dialogue discusses the contribution by Federico Fabbrini, in which he proposes an innovative way forward for the reform of the European Union (F. Fabbrini, Reforming the EU Outside the EU? The Conference on the Future of Europe and Its Options, in European Papers, Vol. 5, 2020, No 2,...
Table of Contents: I. Introduction. – II. Evolving legal questions surrounding Art. 267 TFEU. – III. Stocktaking: the procedure under pressure? – IV. Contributing to the academic debate. – V. Overview of the Special Section. – V.1. Factors and motives to refer. – V.2. Quality of Court of Justice answers and dialogue. – V.3. Implementation of Court...
Table of Contents: I. Introduction. – II. National court opinion in the preliminary reference procedure. – III. Methods and material. – IV. Results. – IV.1. Active courts: motivations for expression opinions. – IV.2. Passive courts: motivations for not expressing opinions. – V. Passive high court judges? – VI. Concluding discussion....
Abstract: There is considerable uncertainty about the outcome of the planned Conference on the Future of Europe, especially regarding possible treaty change. This contribution to the Dialogue comments on the possibility of an intergovernmental agreement outside the EU treaty framework on the basis of theoretical and empirical knowledge...
Abstract: This contribution to the Dialogue offers a first analysis of the recent initiative to establish a Conference on the Future of Europe – discussing whether it can become a new model to reform the EU, and if so, how it should be designed to succeed. The contribution examines the technicalities of the EU treaty amendment rules and...
The philosophical implication of the abused formula “no taxation without representation”, or, in medieval terms “nullum scutagium nisi per commune consilium” can hardly be overshadowed. It underlies a conception of social organisation which departs from the Hobbesian paradigm, based on the unconditioned devolution to an absolute sovereign of all the prerogatives...
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