The Crime of Genocide Against the Lithuanian Partisans: A Dialogue Between the Council of Europe and the Lithuanian Courts

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Table of Contents: I. Introduction. – II. Historical background. – III. The ruling of the Constitutional Court of Lithuania of 18 March 2014 and the judgment of the Grand Chamber of the European Court of Human Rights in the case of Vasiliauskas v. Lithuania – their impact on the case-law of the Lithuanian courts in the genocide cases – III....

Two Faces of the Polish Supreme Court After “Reforms” of the Judiciary System in Poland: The Question of Judicial Independence and Appointments

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Table of Contents: I. Introduction. – II. The “reforms” of the national council of judiciary and the Supreme Court. – III. The Court of Justice judgment. – IV. The EU-friendly face of the Supreme Court. – V. The restrained face of the Supreme Court. – VI. Conclusions.

Abstract: The present ...

A Sovereign Europe as a Future of Sovereignty

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Table of Contents: I. Divorcing sovereignty from the state. – II. The post-traditional conception of sovereignty. – III. A functionally sovereign European Union.

Abstract: Since the Peace of Westphalia sovereign political entities have unexceptionally been States and sovereignty has been thus long...

The Integration of Migration Concerns into EU External Policies: Instruments, Techniques and Legal Problems

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Table of Contents: I. Introduction. – II. The Compacts and the practical arrangements for the return of irregular migrants and their impact on the principle of institutional balance. – III. The Compacts with countries hosting refugees: the context of their adoption and their legal nature. – IV. The integration of refugees in the job market of the...

The Two Faces of European Sovereignty

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Table of Contents: I. No European sovereignty... – II. ... But a "Europeanised" (concept of) sovereignty.

Abstract: "European sovereignty" seems at first sight to be a misnomer. The EU is not sovereign in the classical sense of the word. By contrast, it can be argued that the EU transforms national...

History and Interpretation in the Fundamental Law of Hungary

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Table of Contents: I. Introduction. – II. Historical constitution. – III. Constitutional identity. – IV. Christian culture. – V. History and interpretation. – V.1. Achievements of the historical constitution. – V.2. Constitutional identity. – V.3. Christian culture. – VI. Conclusion: partisan tendencies and neutralising efforts....

EU Autonomy: Jurisdictional Sovereignty by a Different Name?

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Table of Contents: I. Introduction. – II. Jurisdictional sovereignty: a core element of an elusive concept. – III. EU autonomy as construed by the Court of Justice. – IV. Jurisdictional sovereignty of the EU as a legal construction. – V. Concluding reflections on the Court’s autonomy conception in context.

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Historical Memory in Post-communist Europe and the Rule of Law: An Introduction

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Table of Contents: I. Introductory remarks. – II. The governance of historical memory in Europe. – III. The rule of law. – VI. Memory governance and the rule of law. – V. Concluding remarks.

Abstract: The legal governance of historical memory in Eastern and Central Europe has grown exponentially...

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European Forum

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Forum Européen

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Forum europeo

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Foro Europeo