April 2020 | European Papers

The COVID-19 Emergency and the Reintroduction of Internal Border Controls in the Schengen Area: Never Let a Serious Crisis Go to Waste

Insight
Stefano Montaldo
Abstract: The Insight analyses the wave of internal border control reintroductions following the COVID-19 outbreak. It addresses the relevant legal framework and discusses the possible implications for the Schengen Area, in the light of the recent practice of highly disputed prorogations of border controls and of the pending reform of the...

European Papers, 25.04.2020 | Posted in
Internal Market - Freedoms of Movement and Competition Law, Internal market - Economic freedoms of movement, EU Policies and the Area of Freedom, Security and Justice, Visas, asylum and immigration
Quand l’urgence de santé publique fait son entrée parmi les catastrophes en droit de l’UE

Insight
Estelle Brosset
Abstract: In response to the COVID-19 outbreak, EU’s reaction is mixed. It partly takes the form of a financial assistance to the Member States. Many funds are mobilized, for example the European Union Solidarity Fund which was set up to respond to major natural disasters and express European solidarity to EU countries and countries involved in...

European Papers, 25.04.2020 | Posted in
The Constitutional Dimension of the European Union, Competences, The impact of EU law over national law, EU Policies and the Area of Freedom, Security and Justice, Economic and monetary union, The European Integration Through Human Rights, Solidarity and economic and social rights
Poland Before the Court of Justice: Limitless or Limited Case Law on Art. 19 TEU?

Insight
Pablo Martín Rodríguez
Abstract: In 2019, the Court of Justice has ruled in an innovative case on the protection of the independence of Member States’ judiciaries. In two judgments, delivered in June and November, the Court declared that several statutes amending the organisation of the Polish judicial system infringed the second subparagraph of Art. 19, para. 1, TEU...

European Papers, 25.04.2020 | Posted in
The Constitutional Dimension of the European Union, The institutional system, The sources of EU law, Judicial review, Competences, The European Integration Through Human Rights, Protection of human rights in Europe
International and European Emergency Assistance to EU Member States in the COVID-19 Crisis: Why European Solidarity Is Not Dead and What We Need to Make It both Happen and Last

Insight
Charlotte Beaucillon
Abstract: It is of course too early to draw conclusions about the European Union’s response to the COVID-19 crisis in its Member States while we are still in the midst of the health crisis. On the other hand, it is already possible to correct the widely shared first impression that European solidarity had been shattered. The available public data...

European Papers, 25.04.2020 | Posted in
The Constitutional Dimension of the European Union, Competences, Internal Market - Freedoms of Movement and Competition Law, Internal market - Economic freedoms of movement, Citizenship, EU Policies and the Area of Freedom, Security and Justice, Economic and monetary union, Visas, asylum and immigration, The European Integration Through Human Rights, Protection of human rights in Europe, The International Dimension of European Integration, Security and military integration, International trade law and policy
Citizenship, Coronavirus and Questions of Competence

Insight
Stephen Coutts
Abstract: Restrictions on movement imposed in all Member States have necessarily resulted in a restriction of free movement rights of Union citizens, albeit in an incidental manner. These restrictions are nonetheless facilitated by the relevant provisions of primary and secondary law. This is appropriate in light of the multi-level system of...

European Papers, 25.04.2020 | Posted in
The Constitutional Dimension of the European Union, Competences, Internal Market - Freedoms of Movement and Competition Law, Internal market - Economic freedoms of movement, Citizenship, EU Policies and the Area of Freedom, Security and Justice, Union Policies, Economic and monetary union, Visas, asylum and immigration, The European Integration Through Human Rights, Protection of human rights in Europe, Solidarity and economic and social rights, The International Dimension of European Integration, The external action of the European Union, Security and military integration, International trade law and policy
Rethinking Solidarity in View of the Wanting Internal and External EU Law Framework Concerning Trade Measures in the Context of the COVID-19 Crisis

Insight
Benedikt Pirker
Abstract: The present Insight looks at the EU and the international law framework concerning trade measures in the context of the COVID-19 crisis, focusing on export restrictions. As is shown, the legal framework is fairly permissive with regard to EU Member States, but also the EU as an international actor. Taking into account economics–...

European Papers, 25.04.2020 | Posted in
The Constitutional Dimension of the European Union, Competences, Internal Market - Freedoms of Movement and Competition Law, Internal market - Economic freedoms of movement, EU Policies and the Area of Freedom, Security and Justice, Union Policies, Economic and monetary union, Visas, asylum and immigration, The European Integration Through Human Rights, Protection of human rights in Europe, Solidarity and economic and social rights, The International Dimension of European Integration, The external action of the European Union, Security and military integration, International trade law and policy
European Solidarity in Times of Emergency: An Introduction to the Special Focus on COVID-19 and the EU

Highlight
Charlotte Beaucillon
Keywords: COVID-19 and the EU – European Solidarity – EU Values – EU Policies – EU Competences – New Research Paths.

On 13 March 2020, the World Health Organization (WHO) declared Europe the active centre of the COVID-19 pandemic. One month later, on 14 April 2020, several European Union Member States were...

European Papers, 25.04.2020 | Posted in
The Constitutional Dimension of the European Union, Competences, Internal Market - Freedoms of Movement and Competition Law, Internal market - Economic freedoms of movement, Citizenship, EU Policies and the Area of Freedom, Security and Justice, Union Policies, Economic and monetary union, Visas, asylum and immigration, The European Integration Through Human Rights, Protection of human rights in Europe, Solidarity and economic and social rights, The International Dimension of European Integration, The external action of the European Union, Security and military integration, International trade law and policy
Had Coudenhove-Kalergi’s Pan-Europa Foreseen the United Kingdom’s Nationalist Hour (Brexit)?

Highlight
Dora Kostakopoulou
Keywords: Brexit – nationalism – cosmopolitanism – democracy – national sovereignty – European Union.

The Cynic Diogenes of Sinope saw himself as a citizen of the world (a cosmopolitis); he believed that one’s local origin and group membership could not extricate his/her moral affiliation with more universal...

European Papers, 10.04.2020 | Posted in
The Constitutional Dimension of the European Union, The institutional system
European Forum - Special Focus on Brexit

News
European Papers
European Papers is pleased to announce the launch of a Special Focus on Brexit.
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European Papers, 10.04.2020 | Posted in
News
Sugli effetti della violazione di obblighi procedurali sostanziali: in margine alla sentenza Airbnb

Insight
Giulio Fedele
Abstract: The Insight focuses on the judgement delivered by the Court of Justice on 19 December 2019 in case C-390/18, Airbnb Ireland. The analysis will be mainly conducted with a view to exploring the notion of essential procedural requirement, developed in the previous case law, and the legal consequences flowing from this notion...

European Papers, 04.04.2020 | Posted in
The Constitutional Dimension of the European Union, The impact of EU law over national law, Internal Market - Freedoms of Movement and Competition Law, Internal market - Economic freedoms of movement