I Would Rather Be a Respondent State Before a Domestic Court in the EU than Before an International Investment Tribunal

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Table of Contents: I. Introduction. – II. Who trumps who? – II.1. Is EU law autonomous? – II.2. EU law and Member States’ BITs. – II.3. The peculiar case of the ECT. – III. Achmea or how international investment tribunals do not understand EU law. – III.1. Why investment tribunals do not have jurisdic-tion in all intra-EU disputes? – III.2. The Advocate...

Some Reflections on Achmea’s Broader Consequences for Investment Arbitration

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Table of Contents: I. Introduction. – II. A delicate good: autonomy of the EU legal order. – III. Consequences for CETA’s Investment Court System. – IV. Intra-EU BITs: national courts as the guardian of the Union of law. – V. Autonomy as an obstacle to the Union submitting to the jurisdiction of international courts or tribunals. – VI. The future of...

The False Commodity in the European Game of Legal Chairs: Between the Ideal of Regulatory Competition and the Practice of Capitalism Triumphant

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Table of Contents: I. From the legal regulation of cross-border relations to systematic policy and regulatory competition. – II. European Community law as the discipline of cross-border legal relations. – II.1. Community law as the European law of conflict: coordinating public power through law. – II.2. The limits of Community law as European law of...

The 2019 Elections and the Future Role of the European Parliament: Upsetting the Institutional Balance?

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The elections of May 26 have been welcomed with a sense of relief by the inhabitants of the European districts in Brussels and Strasbourg. If, on the eve of the elections’ day, the dominant mood was fear of a euro-sceptic landslide, that would have deepened the cleavage between peoples and elites and shaken at its roots the process of integration, this mood has gradually...

The Future of Social Europe and of European Integration at a Crossroads: How Can We Recover and Enforce Solidarity as a Fundamental Principle of European Constitutional Law (or Die)?

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Table of Contents: I. A reference point in the crucial debate about social Europe. – II. Social Europe and European integration today: a worrying picture. – III. A constructive approach. – IV. Judicial enforcement of solidarity: possibilities and limitations. – V. Strengthening cooperation and synergies (il faut cultiver notre jardin). – VI...

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European Forum

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Forum Européen

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Forum europeo

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Foro Europeo