Abstract: The Court of Justice recently delivered its June 2019 judgment in Commission v. Poland (24 June 2019, case C-619/18, Independence of the Supreme Court [GC]). The Court upheld the principle of effective judicial protection embodied in Art. 19 TEU, building on its previous February 2018 judgment in Associação Sindical...
- Insight
European Forum (European Papers, Vol. 4, 2019, No 2)
e-JournalInsights
Emanuela Andreis, Towards Common Minimum Standards for Whistleblower Protection Across the EU
Gaia Lisi and Mariolina Eliantonio...
On Constitutional Rights and Political Choices
e-JournalTable of Contents: I. Introduction. – II. From rights to policies and the interplay between legislation and case law. – III. Ordinary versus constitutional legislation. – IV. Is EU law over-constitutionalised? – V. Conclusion.
Abstract: The influence of the Court of Justice in the...
The Ne Bis in Idem Principle as a Limit to the Resumption of Competition Proceedings: An Analysis of the Rebar Cartel Saga
e-JournalTable of Contents: I. Introduction. – I.1. The perils of parallel proceedings in EU competition law. – I.2. The classification of parallel proceedings and the resumption of proceedings following the annulment of a decision on procedural grounds as an instance of horizontal parallel proceedings. – I.3. The inadequacy of the discretionary...
European External Migration Funds and Public Procurement Law
e-JournalTable of Contents: I. Introduction. – II. European Union public procurement law. – III. The three funds. – III.1. Trust Funds. – III.2. The Trust Funds for Syria and Africa. – III.3. The crisis exception in the Trust Fund for Africa. – III.4. Facility for Refugees in Turkey. – IV. Five projects. – IV.1. Civil registries in Mali. – IV.2. Cashews in...
The Transformation of Regulatory Cooperation Through Its Inclusion in Free Trade Agreements: What Is Its Added Value?
e-JournalTable of Contents: I. Introduction. – II. Transatlantic regulatory cooperation outside an FTA structure. – III. FTA structures regulatory cooperation and regulation imperatives: conflict or harmony? – III.1. The changing nature of regulation. – III.2. Compatibility of regulation and FTA structures for regulatory cooperation. – IV. Tighter...
Differentiated Integration in Europe After Brexit: A Legal Analysis
e-JournalTable of Contents: I. Introduction. – II. Two visions of Europe. – II.1. A first cut at the argument. – II.2. An ever closer union. – II.3. A wider and looser union. – III. Institutional mechanisms of differentiated integration within the EU. – III.1. No “ever closer” monetary integration within the EMU. – III.2. Enhanced cooperation: nature,...
Friends with Benefits? Possibilities for the UK’s Continued Participation in the EU’s Foreign and Security Policy
e-JournalTable of Contents: I. Introduction. – II. European law aspects of post-Brexit EU-UK cooperation. – II.1. Legal institutional possibilities and obstacles. – II.2. The withdrawal agreement. – II.3. Third country participation in CFSP. – III. International law aspects of post-Brexit EU-UK cooperation. – III.1. Existing and new CFSP/CSDP agreements. –...
The European Parliament at the First Crusade
e-JournalOn 21 October 2019, in a piece published on Verfassungsblog, twenty-nine influential experts in European affairs have harshly rebuked the European Parliament for rejecting the nomination of Sylvie Goulard to the new European Commission (Fairness, Trust and the Rule of Law: Statement on the European Parliament’s confirmation procedure concerning Sylvie...
Antitrust and Coopservice: Procurement Aggregation Is a Serious Thing (Adjudicating Too)
InsightAbstract: Antritrust and Coopservice (judgment of 19 December 2018, case C-216/17) is a peculiar product of the Court of Justice. It is one of a kind in aggregate procurement, a subfield of public procurement that has remained virtually untouched by the Court. A number of very helpful and reasonable directions can be drawn from this judgment with respect to...