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European Papers is pleased to announce that its Issue No 3 in the Volume 1, 2016 is now available online.
On a Collision Course! Mutual Recognition, Mutual Trust and the Protection of Fundamental Rights in the Recent Case-law of the Court of Justice
e-JournalTable of Contents: I. Introduction. – II. Mutual recognition and mutual trust: unattainable stars in the sky? – III. Set on a collision course: the limits of mutual recognition and mutual trust. – IV. Meteor approaching! Fundamental rights and the European arrest warrant. – V. Set on a collision course: from N.S. to the recent case-law...
Reflections on EU Legitimacy and Governing
e-JournalTable of Contents: I. Introduction. – II. A missing piece: throughput legitimacy. – III. Issues of representation.
Abstract: Carol Harlow provides us with a nuanced and sophisticated assessment of the development of the EU’s formal lawmaking processes and their legitimacy implications. She...
H v. Council: Strengthening the Rule of Law in the Sphere of the CFSP, One Step at a Time
e-JournalTable of Contents: I. Introduction. – II. A complete system of judicial protection, also in the sphere of the CFSP? – III. In search of the limits of the jurisdictional carve-out: in defence of the ECJ’s incremental approach. – IV. Looking forward: towards a comprehensive approach. – IV.1. A reading of Art. 275 TFEU...
European Forum (European Papers, Vol. 1, 2016, No 3)
e-JournalInsights
Vigjilenca Abazi, Trade Secrets and Whistleblower Protection in the European Union
Davide Arcidiacono, ...
Bottom-up Salvation? From Practical Cooperation Towards Joint Implementation Through the European Asylum Support Office
e-JournalTable of Contents: I. Introduction. – II. “Support is our mission”: a critical assessment of EASO’s mandate and resources. – II.1. EASO’s mandate: areas of involvement and limitations. – II.2. EASO’s resources: a paper tiger? – III. Operational support: from expert consultants towards an integrated EU administration? – III.1. EASO operational...
Representing the People vs Channelling Them: Constitutional Niceties in an Age of Instant Democratic Gratification. Episode 2: The Supreme Court
e-JournalTable of Contents: I. The Brexit Judgment. – II. The role of Parliament in Brexit. – III. Conclusion.
Abstract: On 24 January 2017, the Supreme Court of the United Kingdom has decided that the Prime Minister of the United Kingdom cannot serve notice under Article 50 TEU that the UK wishes to leave...
Of Surcharges and Supervision: German Renewable Energy Act Is State Aid
e-JournalTable of Contents: I. Controversy around Germany's renewable energy act. – II. Two questions, one answer: the EEG as State aid. – II.1. The State aid nature of the EEG surcharge. – II.2. The exemptions for electricity-intensive undertakings. – III. Distinguishing PreussenElektra AG v. Schleswag AG. – IV. Towards the...
Possibilities and Challenges of the EEA as an Option for the UK After Brexit
e-JournalTable of Contents: I. The EEA as an alternative post-Brexit? – II. Approaching the challenge of dynamic homogeneity. – III. Legislative sovereignty. – IV. Judicial sovereignty. – V. Changes in the EU Treaties. – VI. Conclusions.
Abstract: During the period leading to the actual Brexit, the UK will have to negotiate new arrangements for...
Rebuttal of Mutual Trust and Mutual Recognition in Criminal Matters: Is ‘Exceptional’ Enough?
e-JournalTable of Contents: I. Introduction. – II. The conditionality of mutual trust in EU criminal law. – II.1. From presumption to conditionality. – II.2. The fundamental right’s condition for mutual trust in criminal matters. – II.3. Condition without control? – III. “Trust is good, control is better”: the judicial refutability of mutual trust. – IV...
Horizontal Federalism, Mutual Recognition and the Balance Between Harmonization, Home State Control and Host State Autonomy
e-JournalTable of Contents: I. Introduction. – II. Horizontal federalism in the US. – II.1. Full faith and credit. – II.2. Extradition. – II.3. Interstate commerce. – II.4. Interstate compacts. – III. Horizontal federalism in the EU: mutual recognition. – III.1. Constitutional principle by accident? – III.2. Apogee and after. – III.3. Mutual recognition...
Mutual Trust and Human Rights in the AFSJ: In Search of Guidelines for National Courts
e-JournalTable of Contents: I. Introduction. – II. Protection of fundamental rights in the EU: opinion 2/13 of the CJEU. – III. Case-law of the CJEU and the European Court of Human Rights. – III.1. Civil and commercial cooperation. – III.2. Child abduction: The Hague Convention on Child Abduction and Regulation 2201/2003. – III.3. Common European Asylum...
Enforcing the Rule of Law in the EU. In the Name of Whom?
e-JournalAstonishment seized Europe when, at the beginning of October 2016, Viktor Orban organised a referendum that explicitly aimed at violating EU law. On Thursday 27 October, the three-month deadline the Commission had imposed upon Poland to address what it saw as systemic threats against the rule of law in the country, expired.[1]...
Welfare Markets and the Democracy of European Integration
e-JournalAbstract: Since 2009, austerity and the pressure for decreasing public spending in Europe have strongly targeted welfare services such as transport, healthcare, social services, culture and education, etc. In order to understand the current situation of welfare services in Europe today, one must take a step back and look at the broader development...
The Charter of Fundamental Rights in the Context of International Instruments for the Protection of Human Rights
e-JournalTable of Contents: I. Introduction. – II. The role of the ECHR in the interpretation of the Charter. – III. The role of international instruments other than the European Convention. – IV. The interpretation given by the relevant treaty body. – V. The effects of international instruments on the level of protection.
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Respondent Status and Allocation of International Responsibility Under EU Investment Agreements
e-JournalTable of Contents: I. Setting the scene. – II. Analysis of the legal framework set out in EU investment agreements. – III. The role of the claimant and of the arbitral tribunal: is there a possibility to set aside the determination of the respondent made by the EU? – IV. The regulation on financial responsibility. – V. Conclusions.
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On the Content and Scope of National and European Solidarity Under Free Movement Rules: The Case of Golden Shares and Sovereign Investments
e-JournalTable of Contents: I. Introduction. – I.1. Structure and aims of the analysis. – I.2. Public services, strategic industries and socio-economic protectionism: solidarity within the EU and the scope of free movement rules vis-à-vis EU and non-EU investors. – II. Intra-EU investments and golden shares. – II.1. Public services, social...
Mutual Recognition and Mutual Trust: Reinforcing EU Integration? Introduction
e-JournalAbstract: Throughout the years the principle of mutual recognition and the underlying principle of mutual trust have greatly contributed to the EU integration process. The recent migration and terrorist crises that have stroke the Union and its Member States with full force have placed the individual and the respect for fundamental rights in the...
Regulatory Trust in EU Free Movement Law: Adopting the Level of Protection of the Other?
e-JournalTable of contents: I. Introduction. – II. The constitutional life of mutual trust. – III. Of regulatory trust and mutual recognition. – III.1. Clarifying the invisibility of mutual trust. – III.2. The normativity of regulatory trust. – IV. Adopting or rejecting the level of protection of the other. – IV.1. Mutual recognition and the conundrum...
A New Derogation to the Admissibility of an Application in Staff Cases: The Cerafogli Judgment
HighlightKeywords: EU staff – pre-litigation procedure – admissibility – plea of illegality – rule of correspondence – amicable settlement.
On 27 October 2016, the Extended Composition of the Appeal Chamber of the GC rendered the judgment in ECB v. Cerafogli.[1]...
A New Crack in the Wall of Mutual Recognition and Mutual Trust: Ne Bis in Idem and the Notion of Final Decision Determining the Merits of the Case
InsightAbstract: The Insight considers the case law of the Court of Justice concerning the notion of “finally disposed”, i.e. a constitutive element of the European ne bis in idem principle. In order to trigger the right not to be tried or punished twice, a national decision must be final and has to contain a sufficient determination of...
