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European Papers is pleased to announce that its Issue No 2 in the Volume 2, 2017 is now available online....
Procedural Rights in the Context of Restrictive Measures: Does the Adversarial Principle Survive the Necessities of Secrecy?
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Table of Contents: I. Introduction. – II. The legal framework concerning restrictive measures. – III. The development of the right of access to the file. – IV. Access to “secret evidence” by the CJEU. – V. Conclusions.
Abstract: Safeguarding fundamental procedural rights in the context of security...
External Migration and Asylum Management: Accountability for Executive Action Outside EU-territory
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Table of Contents: I. Introduction. – II. EU visa policy. – II.1. Judicial review of decisions. – II.2. Judicial review in case of representation. – II.3. Humanitarian visa. – II.4. The extra-territorial applicability of the Charter. – III. Refugee resettlement. – III.1. EU Resettlement initiatives. – III.2. Resettlement in the refugee crisis. – III...
“Effective Judicial Review Is of the Essence of the Rule of Law”: Challenging Common Foreign and Security Policy Measures Before the Court of Justice
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Table of Contents: I. Introduction. – II. The legal framework. – III. Limiting the Court’s jurisdiction. – IV. The Exception: judicial review of CFSP acts. – V. Grounds for and intensity of review. – VI. Conclusion.
Abstract: This Article discusses the role of the Court of Justice in...
Administering EU Development Policy: Between Global Commitments and Vague Accountability Structures
e-Journal- 3148 views
Table of Contents: I. Introduction. – II. Legal framework. – II.1. The hard law: the Cotonou Convention and EU Regulations: multilateral or unilateral? – II.2. Post legislative guidance and the real world of implementing EU assistance. – II.3. The European Investment Bank: what role for voluntary policies? – III. Court and EO practice: setting the...
Acknowledging the Impact of Administrative Power in the EU External Action
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Table of Contents: I. Introduction. – II. The impact of administrative power on the exercise of EU public authority. – II.1. Preparatory acts informing final decisions. – II.2. Rule-making acts: looking beyond technicalities. – III. The impact of administrative power on the exercise of third countries public authority. – III.1. Preparatory acts:...
Judicial Cooperation, Transfer of Prisoners and Offenders’ Rehabilitation: No Fairy-tale Bliss. Comment on Ognyanov
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Table of Contents: I. Better late than never: the first case concerning the Council Framework Decision 2008/909/JHA on the transfer of prisoners in the European Union. – II. Facts of the case. – III. The notion of enforcement of a sentence and the division of competences between the issuing and executing States. – III.1. Which enforcement? The...
The Dublin III System: More Derogations to the Duty to Transfer Individual Asylum Seekers?
e-Journal- 3606 views
Table of Contents: I. Introduction. – II. Facts and legal issues before the Court. – III. Key aspects of the opinion of the Advocate General and the judgment. – IV. Comments. – IV.1. One step forward. – IV.2. Mutual trust unaffected. – IV.3. The relationship with the ECHR and the case law of the European Court of Human Rights:...
The Thousand Cataluñas of Europe
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Irrespective of the perspective from which one looks at the Catalonian events, which are still unfolding under our incredulous eyes, the impression can only be univocal: Spain is right and Catalonia is wrong. The claim of the Spanish Government to preserve the unity of the nation is well founded; conversely, the independence proclaimed by the Catalonian Government amounts to...
External Participants v. Internal Interests: Principles of EU Administrative Law in Anti-dumping Investigations
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Table of Contents: I. Introduction. – II. Discretion or clear rules? The “fundamental importance” of the administrative law framework. – III. Interests involved in anti-dumping policy-making. – III.1. Decision to initiate investigations. – III.2. Decision on anti-dumping duties. – IV. Three functions of participation. – IV.1. Mechanism to collect...
The Extraterritorial Reach of EU Environmental Law and Access to Justice by Third Country Actors
e-Journal- 3952 views
Table of Contents: I. Introduction. – II. The legal phenomenon of IEMEIs. – II.1. IEMEIs regulating conduct abroad on the basis of environmental regulatory requirements. – II.2. IEMEIs regulating trade: market access conditions and obligations on Third Country actors. – II.3. Compliance with IEMEIs: “contingent unilateralism”, equivalence and...
The External Administrative Layer of EU Law-making: International Decisions in EU Law and the Case of CETA
e-Journal- 3359 views
Table of Contents: I. The international regulation of public goods: legal challenges. – II. International decisions by CETA bodies. – III. Decisions of international bodies: a source of EU law. – IV. The external administrative layer of EU law. – IV.1. Interpretative effects: validating EU law. – IV.2. Authoritative international decisions. – IV.3....
Introduction: The New Frontiers of EU Administrative Law and the Scope of Our Inquiry
e-Journal- 4153 views
Table of Contents: I. The EU as a global administrative actor. – II. Development of EU administrative law and external relations: setting the scene. – III. Administrative action as instrumental action in external relations. – IV. Accountability: actors, fora and different types of act. – V. Mapping administrative action in EU external...
European Forum (European Papers, Vol. 2, 2017, No 2)
e-Journal- 2842 views
Is There an Accountability Gap in EU External Relations? Some Initial Conclusions
e-Journal- 3685 views
Abstract: This short Article draws together some conclusions based on the contributions to the Special Section “The New Frontiers of EU Administrative Law: Is there a Gap in EU External Relations?”. It concludes first that external action is a rich field in the application of EU administrative law. External policies are implemented...
