Abstract: The Coman case (judgment of 5 June 2018, case C-673/16, Coman and Others [GC]) gave the CJEU the occasion to clarify the existence under EU law of an obligation to recognize the indirect right of residence – according to Art. 21 TFEU – of the spouse of a same-sex marriage. The reasoning of the CJEU is based on the...
Abstract: This Insight focuses on the newly adopted Council Decision amending Protocols 1 and 4 to the EU-Morocco Association Agreement which extends the territorial scope of the Association Agreement to expressly include Western Sahara. The purpose of this Insight is to assess the compatibility of the Council Decision with...
Abstract: International jurisdiction, recognition and enforcement of judgments in Europe will be considerably affected by Brexit. The Brussels I regime threatens to fall back from the Recast Regulation to the outdated 1968 Convention, which the Withdrawal Agreement intends to prevent. An alternative might be the UK’s accession to the 2007 Lugano...
The Centre d’études juridiques européennes of the University of Geneva, Jean Monnet Centre of Excellence, organises a Doctoral Workshop, under the direction of Prof. Dr. Christine Kaddous, on the topic:...
The Jean Monnet Chair "EU External Action" of the University of Salamanca and the Centre for the Law of EU External Relations (CLEER) organise a Workshop, under the direction of Prof. Juan Santos Vara (University of Salamanca) and Prof. Ramses A. Wessel (...
Abstract: The mechanism set up by Art. 7, para. 1, TEU has been activated against Poland on 20 December 2017. Nevertheless, Poland did not comply with the recommendations given by the European Commission, focused on the lack of judicial independence due to a recent reform that provoked the forced anticipated retirement of 27 judges sitting in the...
Table of Contents: I. Introduction. – II. Revisiting the admissibility test. – II.1. Possibility of partial registration. – II.2. Possibility of influencing ongoing negotiations. – III. Managing expectations at the post-registration stage. – III.1. False expectations in case of partially inadmissible initiatives. – III.2. Difficulty of influencing...
Table of Contents: I. Introduction. – II. Posting of workers on European labour markets. – III. Introducing workers' protection through the Posting of Workers Directive. – III.1. The Court of Justice and workers' protection in the context of cross-border services. – III.2. The Posting of Workers Directive laying down a nucleus of protective rights...
Table of Contents: I. Introduction. – II. The incorporation of Directive 2004/38 into EEA law: legal framework. – III. The meaning of the reservation according to the EFTA Court’s obiter dictum in Wahl. – IV. Other EFTA Court case law on Directive 2004/38 in the EEA context. – IV.1. Unproblematic in the present writer’s...
It is possible that the 29th of March 2019 will be considered as the date on which the Union has ceased to be a quarrelsome community of sovereign States and has become a community of destiny.
This may well occur if, on that date, EU law will cease to apply to the UK, thus transforming the withdrawal of that State into a disorderly and...
European Papers is pleased to announce that its Issue No 3 in the Volume 3, 2018 is now available online....
Table of Contents: I. Introduction. – I.1. Mapping out the constitutional and legislative framework for EU citizenship law. – I.2. The multiple constitutional functions of Art. 21 TFEU. – I.3. Tensions between primary and secondary law: the UK Settlement as an illustration. – II. Deconstitutionalising the perimeters of EU citizenship law: from ...
Table of Contents: I. Introduction. – II. EU citizens and their family members: “autonomous” vs. “derived” residence rights. – III. Residence rights enjoyed by EU citizens as inalienable rights? – III.1. Residence rights of UK nationals and their family members in the EU27. – III.2. Residence rights of EU27 citizens and their family members...
Table of Contents: I. Introduction. – II. Deprivation of Member State nationality. – II.1. Adults. – II.2. Minor children. – III. Member State withdrawal from the Union. – IV. Associate EU citizenship. – V. Final remarks.
Abstract: This Article addresses questions concerning the loss of...
Table of Contents: I. Introduction. – II. From Safe Harbour to Privacy Shield: EU-US data transfer as a feedback loop. – II.1. Action: Safe Harbour and the first agreement on EU-US data transfer. – II.2. Effect: Safe Harbour invalidated by the CJEU in Schrems. – II.3. Feedback: Safe Harbour...
Table of Contents: I. Citizenships in Europe: harmony and conflict. – I.1. A curious legal status perched on limitations. – I.2. EU citizenship: two lessons. – II. EU citizenship: questioning the established narrative. – II.1. Empowering the citizen – Humiliating the State. – II.2. Promoting democracy – Undermining democratic outcomes. – II.3....
Table of Contents: I. Introduction. – II. The perplexing extension of “sufficient links” tests to frontier workers’ social advantages. – II.1. A questionable but minor initial development. – II.2. A problematic extension to student finance. – II.3. A clear break with established case law and secondary law. – III. A contentious “investor’s approach”...
Table of Contents: I. Introduction. – II. Setting the scene: legal characteristics of the “triangular” fundamental rights protection system. – III. The modern protection of fundamental rights. – IV. The Court’s “substance of the rights” doctrine. – V. The way forward: taking the “substance of the rights” doctrine a step further. – V.1. Delimiting...
Table of Contents: I. Sovereign default: the same old story. – II. The European debt crisis: a first timid step towards a possible solution. – III. The European Citizens’ Initiatives: an introductory overview. – IV. The Anagnostakis case. – V. Final remarks.
Abstract: This Article...
Table of Contents: I. Introduction. – II. A five-step evolution: integration, lawful residence and social benefits. – II.1. Step 1: the early cases. – II.2. Step 2: the reign of vague legal formulas. – II.3. Step 3: the Förster judgment as a turning point. – II.4. Step 4: Ziółkowski & Szeja and the (new) dominance of Directive...
Table of Contents: I. Introduction. – II. Reverse discrimination: colliding constitutional principles in EU law. – III. Abuse of EU law: definition and background. – IV. Abuse in the context of family reunification rights. – V. The case-law of the Court of Justice on family reunification law abuse. – VI. The Commission Communication with guidelines...
Table of Contents: I. Introduction. – II. An enforceable right to participate in European elections. – III. The broad scope of application of the right to participate in European elections vis-à-vis Member States. – III.1. A right applicable to Member States. – III.2. A right applicable in purely internal situations. – IV. The right to...
Table of Contents: I. Introduction. – II. The unique case of the Cyprus Investment Programme. – III. Restrictions on free movement of capital. – III.1. Capital movement, its restrictions and justifications. – III.2. Application of these principles to the Cypriot case. – IV. Citizenship of the EU. – IV.1. Investment migration schemes in the...
Abstract: EU citizenship played a central role in the debate preceding the Brexit referendum and during the Brexit negotiations. It is inevitable, therefore, that, in the context of Brexit the concept of EU citizenship was and continues to be deeply challenged. This Special Section takes the process of Brexit and the challenges raised against the...
Table of Contents: I. Introduction. – II. European higher education law and policy. – II.1. The Bologna Process and the EHEA. – II.2. The EU and its higher education law and policy. – III. The UK and European higher education law and policy. – III.1. The UK and the Bologna Process. – III.2. The UK and EU higher education and policy. – IV. The...
Table of Contents: I. Introduction. – II. Setting the scene. – II.1. Applicable nationality – Ranking and mobility quality. – II.2. Constellations. – II.3. Right to return – Conditions (Home MS(/MS) movement MS/Home MS). – II.4. “Circular” right to return – (Home MS/MS movement Home MS/Home MS). – II.5. Naturalisation – Lounes (Home MS/MS...
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