News
European Papers is pleased to announce that its Issue No 3 in the Volume 2, 2017 is now available online....
L’Union européenne et la question du Sahara: entre la reconnaissance de la souveraineté du Maroc et les errements de la justice européenne
e-JournalTable of Contents: I. Introduction. – II. La reconnaissance par l’Union européenne de la souveraineté du Maroc sur le Sahara. – II.1. La reconnaissance par l’Union européenne de la souveraineté du Maroc sur le Sahara à travers une série d’accords internationaux, dont l’accord de partenariat. – II.2. La reconnaissance par l’Union européenne de la...
A European Court of Human Rights’ Systematization of Principles Applicable to Expulsion Cases
e-JournalTable of Contents: I. Introduction. – II. General principles and their application. – II.1. The assessment of the risk. – II.2. Principles of the benefit of the doubt and the burden of proof. – II.3. Targeted group and inability to protect. – III. Concluding remarks.
Abstract: The European
...Front Polisario: A Step Forward in Judicial Review of International Agreements by the Court of Justice?
e-JournalTable of Contents: Preliminary remarks: judicial review of international agreements between self-restraint and judicial activism. – II. The decision of the General Court in Front Polisario and the procedural approach. – III. The substantive approach in the decision of the Court of Justice in Front Polisario. – IV....
Front Polisario and the Exploitation of Natural Resources by the Administrative Power
e-JournalTable of Contents: I. The EU judiciary faced with the exploitation of natural resources in Western Sahara. – II. Administrative powers and the exploitation of natural resources in non-self-governing territories. – III. “Grey areas” and unsettled issues. – IV. Of the uncertainty principle and of Voelkerrecthsfreundlichkeit...
“Self-determination at the European Courts: The Front Polisario Case” or “The Unintended Awakening of a Giant”
e-JournalTable of Contents: I. Introduction. – II. Some factual elements of the Western Sahara dispute. – III. The Association Agreement and the proceeding before the General Court in the Case T-512/12. – IV. The Court of Justice judgment of 21 December 2016. – V. The right to self-determination and the Front Polisario case. – VI....
Foreword
e-JournalIn an earlier issue, European Papers hosted a comment by Eva Kassoti on the Court of Justice’s decision in case C-104/16 P, Council of the European Union v. Front Polisario.
The comment has triggered a number of reactions, some of which requesting that the critical points it made be counterbalanced by different views. Aware of the...
Integration in European Defence: Some Legal Considerations
e-JournalTable of Contents: I. Introduction. – II. Reasons for the inclusion of EDU provisions in the Lisbon Treaty and their rationale. – III. Legal considerations. – III.1. The options. – III.2. Establishment of Permanent Structured Cooperation. – III.3. Functioning. – III.4. Purpose. – III.5. Funding. – IV. Conclusion.
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Explaining the EU’s Legal Obligation for Democracy Promotion: The Case of the EU-Turkey Relationship
e-JournalTable of Contents: I. Introduction. – II. The “democracy” in EU democracy promotion. – III. The EU-Turkey relationship. – IV. Analysing democracy promotion in the EU-Turkey relationship. – IV.1. Positive/express democracy promotion. – IV.2. Negative/express democracy promotion. – IV.3. Positive/implied democracy promotion. – IV.4. Negative/implied...
Exercises in Legal Acrobatics: The Brexit Transitional Arrangements
e-JournalTable of Contents: I. Introduction. – II. Art. 50 TEU: does it provide for a transitional arrangement? – III. Art. 50 TEU as a transition. – IV. Tailor-made transitional arrangement. – IV.1. Introduction. – IV.2. Where to regulate a transitional arrangement? – IV.3. Institutional and substantive aspects of a tailor-made transitional arrangement. – V...
The Recurrent Crisis of the European Union’s Common Commercial Policy: Opinion 2/15
e-JournalTable of Contents: I. Introduction. – II. The Opinion of the Court. – III. Analysis of Opinion 2/15. – IV. Concluding remarks.
Abstract: Opinion 2/15 (Court of Justice, opinion of 16 May 2017) represents just the latest example of the persistent crisis that affects the CCP. The EU’s CCP has...
Opinion 2/15: Sustainable Is the New Trade. Rethinking Coherence for the New Common Commercial Policy
e-JournalTable of Contents: I. Introduction: objectives v. policies, a new balance for coherence. – II. General v. policy-linked objectives: into the logics of constructive interpretation. – III. The new policy stretch: “effects” and “special link” reloaded. – IV. Objectives v. competences: material coherence without substance....
Opinion 1/15: The Court of Justice Meets PNR Data (Again!)
e-JournalTable of Contents: I. Introduction. – II. Legal and factual background. – III. Opinion of AG Mengozzi. – IV. Opinion of the Court of Justice. – V. Analysis. – VI. Conclusion.
Abstract: This Overview considers Opinion 1/15 of 26 July 2017 of the Court of Justice on the EU-Canada...
Winter Is Coming. The Polish Woodworm Games
e-JournalThe political developments in Poland, which took place in course of the past two years, have brought very chilling eastern winds to Brussels. In a relatively short period of time, one of the success stories of economic (and seemingly of political) transformation and the EU enlargement policy has become a pariah and a tough cookie to crack for the many across Europe. The...
European Forum (European Papers, Vol. 2, 2017, No 3)
e-Journal
InsightsLuigi Daniele, Il seguito del caso Taricco: l’Avvocato generale Bot non apre al dialogo tra Corti
Sílvia...
Conference "The future of differentiated integration in the EU" (12 january 2018) – Institute for European Law, Katholieke Universiteit Leuven
News...The Annual Event of the Institute of European Law "The future of differentiated integration in the EU" will take place at KU Leuven on 12 January 2018.
