News
European Papers is pleased to announce that its Issue No 2 in the Volume 1, 2016 is now available online.
Lex Imperfecta: Law and Integration in European Foreign and Security Policy
e-JournalTable of Contents: I. Introduction. – II. The current position of CFSP in the EU Treaties. – II.1. The purpose of CFSP. – II.2. Consistency between CFSP and other External Relations Policies. – II.3. Legal basis and competence. – III. Internal pressures towards integration. – III.1. A new institutional set-up. – III.2.Legal bases. – III.3....
New Perspectives on EU-IMF Relations: A Step to Strengthen the EMU External Governance
e-JournalTable of Contents: I. Introduction. – II. Pragmatic arrangements in the EMU external governance. – II.1. The legal and political obstacles against the external projection of the Euro area. – II.2. The pragmatic arrangements: The EU in the IMF. – III. The impact of the 2010 IMF reform implementation on the EU. – III.1. The EU representation in a renovated IMF...
The Unconfined Power of European Union Law
e-JournalTable of Contents: I. Introduction. – II. The three puzzles of EU contestation. – III. The three dimensions of EU legal power. – III.1. EU law’s excessive responsibilisation of its subjects. – III.2. The obscure and destabilising features of what the European Union does. – III.3. EU law’s alienating depiction of life. – IV. Unconfined EU legal...
Dialoguing with Carol Harlow on “The Limping Legitimacy of EU Lawmaking: A Barrier to Integration”
e-JournalTable of Contents: I. Introduction. – II. Navigating the Tumultuous Waters of the European Rubicon. – III. Taming the Beast. What is Left of EU Law’s Integrative Capacity? – IV. The Holy Grail of Legitimacy.
Abstract: The paper gets back to Carol Harlow’s sobering assessment on...
Legal and Accountability Issues Arising from the ECB’s Conditionality
e-JournalTable of Contents: I. Introduction. – II. The ECB’s conditionality in context. – III. Conditionality applied to collateral eligibility for Eurosystem credit operations. – IV. Conditionality applied to the provision of Emergency Liquidity Assistance. – V. Conditionality applied to the Securities Markets Programme. – VI. Conditionality applied to...
The European Border and Coast Guard: A New Model Built on an Old Logic
e-JournalTable of Contents: I. Introduction. – II. A new model? Hierarchy within an intergovernmental network. – III. An old logic! Prioritising responsibility over solidarity. – IV. Conclusions.
Abstract: Due to the refugee crisis, the Proposal made by the Commission in December 2015 to create a...
Avotinš v. Latvia. The Uneasy Balance Between Mutual Recognition of Judgments and Protection of Fundamental Rights
InsightAbstract: The intersections between recognition and enforcement of foreign decisions in civil and commercial matters and protection of fundamental rights have been a subject of growing interest in the recent case-law of the European Court of Human Rights. The judgment of the Grand Chamber in Avotiņš v. Latvia is especially relevant, insofar...
Avotinš v. Latvia. The Uneasy Balance Between Mutual Recognition of Judgments and Protection of Fundamental Rights
e-JournalTable of Contents: I. Preliminary remarks. – II. Avotiņš v. Latvia: the facts of the case and the findings of the European Court of Human Rights. – III.1. Automatic recognition of civil judgments and rights of defence: the case-law of the CJEU. – III.2. The perspective of the European Court: How to strike a fair balance between mutual trust...
European Forum (European Papers, Vol. 1, 2016, No 2)
e-JournalInsights
M. Eugenia Bartoloni, Base giuridica sostanziale e accordi “interpilier”: quale ruolo per il Parlamento europeo? Note a margine del caso Tanzania...
Openness Towards European Law and Cooperation with the Court of Justice Revisited: The Bundesverfassungsgericht Judgment of 21 June 2016 on the OMT Programme
e-JournalTable of Contents: I. Introduction. – II. The evolving relationship between the German Federal Constitutional Court and the CJEU under the ultra vires review. – III. The FCC criticism of the CJEU’s legal reasoning. – IV. The legal effects of the CJEU’s preliminary rulings.
Abstract: The...
National Identity and European Integration: The Unbearable Lightness of Legal Tradition
e-JournalTable of Contents: I. Introduction. – II. Legal Traditions and Fundamental Rights. – III. Legal Traditions and National Identity. – IV. Transgression and Response. – V. Legal Traditions ad Authority. – VI. Conclusion.
Abstract: National legal traditions have always played a pivotal role in the...
Minimalist Reflections on Europe, Refugees and Law
News, e-JournalTable of Contents: I. Stilo antico. – II. Perfect storm. – III. Tunnel. – IV. NATO. – V. Weakness. – VI. Deal. – VII. Womenandchildren.
Abstract: It is hard to understand the current developments in European refugee law without the benefit of hindsight. This paper refrains from trying to...
Brexit Referendum: Beginning of the End or Just a Turning Point?
News, e-JournalThe basic facts are well known by now. On 23 June 2016 the voters, by a slim majority, decided that the United Kingdom (UK) should leave the European Union. This has been a major earthquake with political and economic aftershocks going beyond the white cliffs of Dover. They are destined to continue for months, if not years. For the first time in history of the European...
The Proposal for a New Directive on Countering Terrorism: Two Steps Forward, How Many Steps Back?
HighlightKeywords: terrorism – foreign terrorist fighters – harmonisation of criminal offences – terrorist financing – victims – terrorist training.
Since the 9/11 attacks, the harmonisation of national legislations has been one of the yardsticks in the efforts made by the EU to fight terrorism. The landmark Framework...
Corporate Human Rights Responsibility, States’ Duty to Protect and UN GPs’ National Action Plans: Some Thoughts After the UK 2016 NAP Update
InsightAbstract: With the recent update of its 2013 National Action Plan (NAP) the UK Government has given account of the process of implementation of the 2011 UN Guiding Principles on Business and Human Rights (GPs). In particular, the UK Government has listed the achievements made and the actions taken over the past two years in this regard. This ...
Different Arguments Lead to the Same Result: The Tobacco Products Directive Is Declared Valid by the Court of Justice
InsightAbstract: On 4 May 2016, the Court of Justice of the European Union delivered its judgment in the case Philip Morris. For the first time, the reasoning of the Court does not focus exclusively on internal market issues but, instead, includes an analysis on fundamental rights and the principles of proportionality and subsidiarity. Following...
Base giuridica sostanziale e accordi “interpilier”: quale ruolo per il Parlamento europeo? Note a margine del caso Tanzania
InsightAbstract: It has already been made clear in case-law that a European Union measure – including a decision approving an international agreement – may have a dual substantive legal basis. This is necessary wherever the measure simultaneously pursues a number of objectives, or has several components, which are linked to each other, without one being...
L’accord de libre-échange UE-Viêt Nam: une hiérarchisation des objectifs de l’action extérieure au détriment de sa cohérence?
InsightAbstract: The recently published text of the free trade agreement (FTA) between by the European Union and Viêt Nam is a good opportunity to evaluate the consistency of EU’s external action. Indeed, as this agreement is presented as the first of a new generation of FTA ever concluded with a developing country, the overall objectives of the external...
An Investment Court System for the New Generation of EU Trade and Investment Agreements: A Discussion of the Free Trade Agreement with Vietnam and the Comprehensive Economic and Trade Agreement with Canada
InsightAbstract: The European Commission has recently concluded the negotiations on the free trade agreement between the EU and Vietnam and the Comprehensive Trade and Investment Agreement between the EU and Canada. Amongst other issues, these agreements provide for comprehensive chapters on investment, including provisions on investor-state dispute...
“Clash of Titans”. General Principles of EU Law: Balancing and Horizontal Direct Effect
InsightAbstract: More than 10 years after the first ruling on the horizontal effect of the principle of non-discrimination on grounds of age, in the Dansk Industri case (Court of Justice, judgment of 19 April 2016, Dansk Industri (DI), Acting on Behalf of Ajos A/S v. Estate of Karsten Eigil Rasmussen, case C-441/14 [GC]) the CJEU...
García Nieto: Another Restrictive Approach in the European Citizenship Case Law
HighlightKeywords: CJEU – EU citizenship – social benefits – short-term residence – economically inactive – family reunification.
On February 2016, the CJEU rendered an important judgment in, García-Nieto et al., on the limits to the right to social assistance granted to European citizens living in another...
