Abstract: The Temporary Protection Directive (TPD) is one of the most controversial pieces of EU legislation. Adopted back in 2001 and never implemented, it has been at the margins of EU migration and asylum policies until, on 3 March 2022, the Home Affairs Ministers of the EU27 reached an “historic agreement” on its activation. This Insight...
European Forum Call for Papers: Special Focus on 'The Russian War Against Ukraine and the Law of the European Union'News
After only a few weeks, it has become clear that the war waged by the Russian Federation against Ukraine is reshaping not only the landscape of international relations, but also the European Union. Beyond the tragic devastation, suffering and loss of human life, legal questions abound. Other fora have extensively focused on the international law aspects of this severe crisis...European Papers, 29.03.2022 | Posted in
La Procura della Repubblica tra rinvio pregiudiziale ed esecuzione dell’ordine europeo di indagine penale: considerazioni relative alla causa XKInsight
Abstract: In 1996, the Court of Justice ruled out that prosecutors could refer questions for a preliminary ruling on the grounds that their task is not to settle a dispute in complete independence but to submit it to a court by means of criminal prosecution. In case C-66/20 XK ECLI:EU:C:2021:200, the Court was asked to deal with the same...European Papers, 22.03.2022 | Posted in
Proportionality in the PSPP Saga: Why Constitutional Pluralism Is Here to Stay and Why the Federal Constitutional Court Did not Violate the Rules of Loyal Conducte-Journal
Table of Contents: I. Introduction: when European and constitutional law collide. – II. Constitutional pluralism and the idea of an appeal court. – III. From Karlsruhe to Luxembourg and back: OMT and PSPP. – IV. The many faces of proportionality. – V. Proportionality in the PSPP decision of the FCC. – VI. Discussion. – VII. Conclusion: a...
Table of Contents: I. Introduction. – II. Passalacqua’s theory of EU legal mobilization. – III. The Coleman v Attridge litigation. – III.1. Altruism. – III.2. Euro-expertise. – III.3. An open EU legal opportunity structure. – IV. Coleman contributes to a new interpretation of national law. – V. EU legal mobilization in theory and...
Table of Contents: I. Introduction. – II. Methodology. – II.1. Cause and effect: contextualising the EDF. – III. If you want peace, sell more guns? – IV. From theory to practice: the ineffectiveness of arms export controls in the EU. – V. Don’t fuel the fire: the EU’s duty to act as a responsible arms financier. – V.1. The EU as a guardian of the...
On the 1st of March, speaking in front of the European Parliament, the President of the European Commission, Ms. Von der Leyen, delivered an engaging statement: “our Union, for the first time ever, is using the European budget to purchase and deliver military equipment to a country that is under attack” (European Commission, Speech by President von der Leyen at the European...
Alexandre Boiché, A Spouse Can Only Have One Habitual Residence for the Application of Article 3 Brussels II-bis
European Papers is pleased to announce that its Issue No 3 in the Volume 6, 2021 is now available on-line....European Papers, 15.03.2022 | Posted in