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...
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...
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...
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...
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....
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...
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. 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. –...
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...
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...
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