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European Papers - A Journal on Law and Integration, Vol. 7, 2022, No 2
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European Papers is pleased to announce that its Issue No 2 in the Volume 7, 2022 is now available on-line....
The European Union in Crisis: What Should the Member States Do?
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Table of Contents: I. Introduction – II. The persistence of serious crises – III. The feasibility of three suggested options for the future of Europe – IV. Some comments on the current political reality – V. My personal suggestions – VI. Conclusion.
Abstract: The European Union has suffered for...
Regional Groups in the European Union: Mapping an Unexplored Form of Differentiation
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Table of Contents: I. Introduction. – II. Defining BURGs. – II.1. Institutionalized cooperation. – II.2. Currently active. – II.3. Only current EU member states. – II.4. Institutional separation from the EU. – II.5. Geographical proximity. – III. Comparing BURGs: Key variables. – III.1. Longevity, pre- or post-accession. – III.2. Institutional...
The Rule of Law in the EU: Crisis, Differentiation, Conditionality
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Table of Contents: I. Introduction. – II. Differentiation: From pragmatic problem-solving to mode of governance. – II.1. Differentiated governance: The normalization of disintegration. – II.2. Getting to “a community of values and of laws”. – III. The rule of law crisis: From dialogues to conditionality. – III.1 Muddling through political dialogue:...
Differentiation in the EU Migration Policy: The 'Fractured' Values of the EU
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Table of Contents: I. Introduction. – I.1. From initial rejection to acceptance of differentiated integration as an institutional feature of the EU migration policy. – I.2. The “migration crisis” and the “fractured values” of the EU migration policy: differentiated integration as an indicator or a catalyst? – II. Differentiation as a governance tool...
Differentiated Governance in the Banking Union: Single Mechanisms, Joint Teams, and Opting-ins
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Table of Contents: I. Introduction. – II. Banking Union: supervisory and resolution pillars’ governance. – III. Single supervision and resolution: the integrative factor of joint teams. – IV. Banking Union “waiting room”: from differentiation to integration. – V. Conclusion.
Abstract: This ...
Differentiated Governance in European Economic and Monetary Union: From Maastricht to Next Generation EU
e-Journal- 984 views
Table of Contents: I. Introduction. – II. The path of differentiation in the Maastricht Treaty. – III. The post-Maastricht path: the widening of differentiation. – III.1. Euro area types of governance. – III.2. Hybrid systems of governance that apply to the euro area and non-euro area Member States. – III.3. Intergovernmental treaties that apply to...
Introduction to the Special Section: Differentiated Governance in a Europe in Crises
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Table of Contents: I. Introduction. – II. Differentiated governance within the EU. – III. Brexit and differentiated governance outside the EU. – IV. Structure of this Special Section.
Abstract: This Article introduces the Special Section on “Differentiated Governance in a...
Reinforcing the EU Enlargement Policy Towards Western Balkans: Access to the Single Market as a Credible Goal
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Table of Contents: I. Introduction. – II. Expanding the single market with(out) the EU enlargement. – II.1 EEA contribution. – II.2 CEECs transformative experience. – III. WB-EU economic integration and (limited) access to the single market. – III.1 SAP as a (new) frame of enlargement. – III.2 Way forward perspectives. – IV. Concluding remarks....
The International Representation of the Eurozone and of the Eurosystem: The Role of the ECB
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Table of Contents: I. The complex institutional balance in the external relations of the European monetary policy: legal bases. – II. The external relations of the European Union in international economic and monetary relations. – III. The external relations of the eurozone: the ECB as a representative of the Union and of the eurozone. – III.1....
Exploring the Concept of Essential State Functions on the Basis of the CJEU’s Decision on the Temporary Relocation Mechanism
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Table of Contents: I. The grey zone of art. 4(2) TEU. – II. Highlighting art. 4(2) TEU variability: the CJEU’s case-law on the temporary relocation mechanism. – III. Exploring the concept of essential state functions. – III.1 Art. 4(2) TEU, national identities and essential state functions: two clauses, two separate concepts? – III.2. Essential...
The Identity of Union Law in Primacy: Piercing Through Euro Box Promotion and Others
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Table of Contents: I. Clear occasions. – II. Confirmation and advancement of rule of law value-dogmatics. – II.1. Voluntariness of accession, pre-legal normativity of values. – II.2. Updating the dogmatic of self-assertion under the rule of law. – II.3. Conclusion: working with protection obligations while restraining from intervening in the...
Disorder and Discipline: The ECB’s Transmission Protection Instrument
Insight- 1423 views
Abstract: In the asymmetric Economic and Monetary Union “market discipline” has played an important and controversial role to compensate for the weakness of the legal framework as regards fiscal affairs. Both as an empirical matter of market behaviour and as a matter of the “no bail-out” clauses of arts 123 and 125 TFEU being effectively undermined...
The Rise and Fall of Rule of Law Conditionality
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Table of Contents: I. Introduction – II. The road to rule of law conditionality – III. How the rule of law conditionality regulation became an instrument of budget conditionality – III.1. The conditionality mechanism in Regulation 2020/2092 – III.2. Article 322(1) TFEU as the correct legal basis – III.3. Sufficiently direct link – III.4. Alleged infringement of art. 7...
Beyond the Rule of Law Conditionality: Exploiting the EU Spending Power to Foster the Union’s Values
e-Journal- 1173 views
Table of Contents: I. Introduction. – II. Protecting EU values through ESI funds: The new fundamental rights “enabling conditions”. – III. Decentralising the “politics of values”: The potential of the Justice, Rights and Values Fund. – IV. The Recovery and Resilience Facility: Shaping Europe’s recovery in line with EU values. – V. Conclusions....
Peer Reviewing the Rule of Law? A New Mechanism to Safeguard EU Values
e-Journal- 1012 views
Table of Contents: I. Situating the topic. – II. Dealing with rule transgressions. – II.1. Instrumentalist and normative approaches. – II.2. The potential of peer reviews. – III. What is wrong with the current approaches? – III.1. The Article 7 procedure and the rule of law framework. – III.2. The budget conditionality mechanism. – III.3. The...
Judicial Responses to Autocratic Legalism: The European Court of Justice in a Cleft Stick?
e-Journal- 1467 views
Table of Contents: I. Introduction. – II. Autocratic legalism: a threat to the ECJ’s authority. – II.1. Autocratic counter-interpretations of Union law. – II.2. An autocratic contestation of the ECJ’s authority. – III. A constitutional response to a crisis of values. – III.1. A dynamic response to the formalism of autocratic legalism. – III.2. A...
Usual and Unusual Suspect in Protecting EU Values: An Introduction
e-Journal- 1393 views
Table of Contents: I. Protecting EU values: The state of affairs. – II. Protecting EU values: The debate. – III. The Special Section. – IV. The contributions.
Abstract: This Article introduces the Special Section “Usual and Unusual Suspects: New Actors, Roles and...
