Abstract: A series of challenges and crises have highlighted the deficits of the ‘Schengen Αrea’ both regarding its external and internal borders. This resulted in the undermining of trust between the Member States which is essential to sustain an area free from internal borders. Thus, the EU Commission presented in December 2021 new rules to...
L’effettività del cd. 'regolamento di blocco' tra coercizione straniera e libertà di impresa: la Corte di giustizia si pronuncia nel caso Bank Melli IranInsight
Abstract: On 21 December 2021, the Court of Justice decided the case Bank Melli Iran v Telekom Deutschland GmbH (case C-124/20, ECLI:EU:C:2021:1035), relating to the interpretation of Regulation 2271/96 protecting against the effects of extraterritorial application of legislation adopted by a third country, better known as the “blocking...European Papers, 30.07.2022 | Posted in
Le deroghe alla direttiva rimpatri all'ombra del Patto: strumentalizzazione dei migranti e riforma del meccanismo di valutazione e monitoraggio di SchengenInsight
Abstract: Art. 2(2)(a) of the Directive 2008/115/EC (Return Directive) provides the conditions whereby the Member States can derogate from some provisions of the directive itself. An amendment to remove this clause is under discussion before the European Parliament, as part of the negotiations on the directive’s recast. Derogations from the scope of...
Abstract: In case C-638/19 P Commission v European Food ECLI:EU:C:2022:50, the Grand Chamber of the Court of Justice of the European Union held that the Commission was competent to assess the compatibility of State aid granted as a consequence of an arbitral award issued against Romania by a tribunal established under a bilateral investment...European Papers, 28.07.2022 | Posted inThe Constitutional Dimension of the European Union, The sources of EU law, Internal Market - Freedoms of Movement and Competition Law, Internal market - Economic freedoms of movement, Competition and the public sector, The International Dimension of European Integration, International trade law and policy
Keywords: soil – Green Deal – climate change – Framework Directive – environmental law – subsidiarity.
In its 2020 Report on the State of the Environment, the European Environment Agency highlighted the increasingly serious degradation of EU soils. Soils constitute largely...European Papers, 27.07.2022 | Posted in
Constitutional Language and Constitutional Limits: The Court of Justice Dismisses the Challenges to the Budgetary Conditionality RegulationInsight
Abstract: In two parallel decisions delivered in February 2022, the Court of Justice has rejected the actions for annulment brought by Hungary and Poland against the new “Budgetary Conditionality Regulation”. The Court has confirmed that the institutions used the correct legal basis (art. 322(1)(a) TFEU), that the Regulation does not circumvent the...
European Papers is pleased to announce that its Issue No 1 in the Volume 7, 2022 is now available on-line....European Papers, 22.07.2022 | Posted in
In spite of overflowing case law and an incessant scholarly debate, the doctrine of direct effect still delivers fresh surprises. The last in time is a mysterious tripartite statement included in Thelen Technopark ECLI:EU:C:2022:33 (commented by J Lindeboom, ‘Thelen Technopark and the Legal Effects of the Services Directive in Purely Internal and Horizontal Disputes...
Table of Contents: I. Introduction. – II. Cybersecurity as internal market resilience. – III. Cybersecurity as an issue of internal security under the AFSJ. – IV. Mainstreaming cybersecurity into CFSP. – IV.1. The emergence of cyber cooperation under PESCO. – IV.2. Cyber Diplomacy Toolbox: between sanctions and a lawful response to cyber-attacks. –...
European Institutions Acting Outside the EU Legal Order: The Impact of the Euro Crisis on the EU’s 'Single Institutional Framework'e-Journal
Table of Contents: I. Introduction. – II. The case of the ESM: why the Eurozone’s governance does not question the unity of the EU institutional framework. – II.1. The establishment of the ESM. – II.2. The institutional functioning of the ESM. – III. The impact of tasks entrusted to the EU institutions under the ESM on the institutional equilibrium...
Comparing the Practice of Accession to and Withdrawal from the European Union: Commonalities in Principles and Procedures?e-Journal
Table of Contents: I. Introduction. – II. The “principles” common to admission to and withdrawal from the European Union. – II.1. The principle of democracy. – II.2. The respect for the acquis communautaire. – II.3. The principle of good neighbourliness. – III. The emergence of integovernmentalism in the admission and withdrawal procedures...
Table of Contents: I. Introduction. – II. The multilingual European Union law. – III. Guarantees of clarity in Union law. – IV. Common European legal discourse as a way to overcome relativism. – V. Conclusion.
Abstract: The European Union as a supranational entity that unites many different legal...
JY v Wiener Landesregierung: Adding Another Stone to the Case Law Built Up by the CJEU on Nationality and EU CitizenshipInsight
Abstract: In case C-118/20 JY v Wiener Landesregierung ECLI:EU:C:2022:34, the Grand Chamber of the Court of Justice addressed another preliminary question regarding the relationship between nationality and EU citizenship. The case builds on the two previous cases Rottmann and Tjebbes. This time, the Court was confronted...European Papers, 20.07.2022 | Posted in
Abstract: Over the past few years, the EU action has been increasingly focused on addressing environmental protection issues and implementing policies to fight against climate change. The ambitious environmental policy of the EU, the Green Deal being part of it, stressed the issues concerning its financing. Against this backdrop, the aim of this...European Papers, 18.07.2022 | Posted in
Keywords: supply of lethal arms – CFSP – European Peace Facility – Ukraine – territorial integrity – international security.
By decision of 28 February 2022, the Council of the EU unanimously decided to fund (in the amount of euro 1 840 000 000, as last increased by Council...European Papers, 08.07.2022 | Posted in