Table of Contents: I. The place of the OMC in primary EU law. – II. The OMC and the principle of conferral. – III. Does the OMC produce soft law? – IV. Conclusion: Is the OMC part of the EU legal order?
Abstract: It is often said that the Open Method of Coordination (OMC) is a form of soft law and...
Table of Contents: I. Introduction. – II. General challenges for legal analysis of the Open Method of Coordination. – II.1. The OMC and the specificities of EU legal system. – II.2. A trend toward fewer OMC references.– III. The evolution of OMC in the European legal system: From light to shadow. – III.1. Recognition of a legal...
Table of Contents: I. Introduction. – II. Art. 50 TEU: does it provide for a transitional arrangement? – III. Art. 50 TEU as a transition. – IV. Tailor-made transitional arrangement. – IV.1. Introduction. – IV.2. Where to regulate a transitional arrangement? – IV.3. Institutional and substantive aspects of a tailor-made transitional arrangement. – V...
The political developments in Poland, which took place in course of the past two years, have brought very chilling eastern winds to Brussels. In a relatively short period of time, one of the success stories of economic (and seemingly of political) transformation and the EU enlargement policy has become a pariah and a tough cookie to crack for the many across Europe. The...
Table of Contents: I. Introduction. – II. Legal and factual background. – III. Opinion of AG Mengozzi. – IV. Opinion of the Court of Justice. – V. Analysis. – VI. Conclusion.
Abstract: This Overview considers Opinion 1/15 of 26 July 2017 of the Court of Justice on the EU-Canada...
Table of Contents: I. Introduction: objectives v. policies, a new balance for coherence. – II. General v. policy-linked objectives: into the logics of constructive interpretation. – III. The new policy stretch: “effects” and “special link” reloaded. – IV. Objectives v. competences: material coherence without substance....
Table of Contents: I. Introduction. – II. The Opinion of the Court. – III. Analysis of Opinion 2/15. – IV. Concluding remarks.
Abstract: Opinion 2/15 (Court of Justice, opinion of 16 May 2017) represents just the latest example of the persistent crisis that affects the CCP. The EU’s CCP has...
Table of Contents: I. Introduction. – II. The “democracy” in EU democracy promotion. – III. The EU-Turkey relationship. – IV. Analysing democracy promotion in the EU-Turkey relationship. – IV.1. Positive/express democracy promotion. – IV.2. Negative/express democracy promotion. – IV.3. Positive/implied democracy promotion. – IV.4. Negative/implied...
Table of Contents: I. Introduction. – II. Reasons for the inclusion of EDU provisions in the Lisbon Treaty and their rationale. – III. Legal considerations. – III.1. The options. – III.2. Establishment of Permanent Structured Cooperation. – III.3. Functioning. – III.4. Purpose. – III.5. Funding. – IV. Conclusion.
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