Rebuttal of Mutual Trust and Mutual Recognition in Criminal Matters: Is ‘Exceptional’ Enough?

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Table of Contents: I. Introduction. – II. The conditionality of mutual trust in EU criminal law. – II.1. From presumption to conditionality. – II.2. The fundamental right’s condition for mutual trust in criminal matters. – II.3. Condition without control? – III. “Trust is good, control is better”: the judicial refutability of mutual trust. – IV...

Avotinš v. Latvia. The Uneasy Balance Between Mutual Recognition of Judgments and Protection of Fundamental Rights

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Table of Contents: I. Preliminary remarks. – II. Avotiņš v. Latvia: the facts of the case and the findings of the European Court of Human Rights. – III.1. Automatic recognition of civil judgments and rights of defence: the case-law of the CJEU. – III.2. The perspective of the European Court: How to strike a fair balance between mutual trust...

Brexit Referendum: Beginning of the End or Just a Turning Point?

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The basic facts are well known by now. On 23 June 2016 the voters, by a slim majority, decided that the United Kingdom (UK) should leave the European Union. This has been a major earthquake with political and economic aftershocks going beyond the white cliffs of Dover. They are destined to continue for months, if not years. For the first time in history of the European...

Openness Towards European Law and Cooperation with the Court of Justice Revisited: The Bundesverfassungsgericht Judgment of 21 June 2016 on the OMT Programme

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Table of Contents: I. Introduction. – II. The evolving relationship between the German Federal Constitutional Court and the CJEU under the ultra vires review. – III. The FCC criticism of the CJEU’s legal reasoning. – IV. The legal effects of the CJEU’s preliminary rulings.

Abstract: The...

Lex Imperfecta: Law and Integration in European Foreign and Security Policy

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Table of Contents: I. Introduction. – II. The current position of CFSP in the EU Treaties. – II.1. The purpose of CFSP. – II.2. Consistency between CFSP and other External Relations Policies. – II.3. Legal basis and competence. – III. Internal pressures towards integration. – III.1. A new institutional set-up. – III.2.Legal bases. – III.3....

New Perspectives on EU-IMF Relations: A Step to Strengthen the EMU External Governance

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Table of Contents: I. Introduction. – II. Pragmatic arrangements in the EMU external governance. – II.1. The legal and political obstacles against the external projection of the Euro area. – II.2. The pragmatic arrangements: The EU in the IMF. – III. The impact of the 2010 IMF reform implementation on the EU. – III.1. The EU representation in a renovated IMF...

The Unconfined Power of European Union Law

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Table of Contents: I. Introduction. – II. The three puzzles of EU contestation. – III. The three dimensions of EU legal power. – III.1. EU law’s excessive responsibilisation of its subjects. – III.2. The obscure and destabilising features of what the European Union does. – III.3. EU law’s alienating depiction of life. – IV. Unconfined EU legal...

Minimalist Reflections on Europe, Refugees and Law

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Table of Contents: I. Stilo antico. – II. Perfect storm. – III. Tunnel. – IV. NATO. – V. Weakness. – VI. Deal. – VII. Womenandchildren.

Abstract: It is hard to understand the current developments in European refugee law without the benefit of hindsight. This paper refrains from trying to...

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