The European Political Community: A Nebulous Answer to the Strategic Question of How to Unite Europe

Insight

Abstract: The European Political Community (EPC) is an institutionalised but flexible forum for political coordination between European countries. It was established in the aftermath of the Russian invasion of Ukraine in 2022. While the EPC is only in its early stages, and therefore there is a significant element of volatility in the subject, this...

Ukraine Conflict’s Impact on European Defence and Permanent Structured Cooperation (PESCO)

Insight

Abstract: The history of a unified European defence has persistently shaped the European Union's foreign policy, evolving over time. The EU has worked on a robust and coherent Common Foreign and Security Policy (CFSP), particularly boosted by the European Union Global Strategy (EUGS) in 2016, which was issued after external shocks threatened Europe...

Let’s Call It What It Is: Hybrid Threats and Instrumentalisation as the Evolution of Securitisation in Migration Management

Insight

Abstract: This Insight examines the discourse surrounding the instrumentalisation of migration and its impact on monitoring the EU’s external borders. It analyses the regulatory response, focusing on the Instrumentalisation Regulation, to determine if an exceptional emergency response is justified. The article explores recent arguments...

The Ultimate (but not the Only) Remedy for Securing Fundamental Rights in the EAW System? Some Reflections on Puig Gordi and E. D. L.

Insight

Abstract: This Insight offers a combined reading of the ECJ rulings in Puig Gordi and E. D. L., with a view to investigating their impact on the theorisation and place of the Aranyosi and Căldăraru test in the EAW framework. Notwithstanding multiple calls for overcoming that twofold assessment, the Court has...

Belarus-sponsored Migration Movements and the Response by Lithuania, Latvia, and Poland: A Critical Appraisal

Insight

Abstract: Lithuania, Latvia, and Poland have amended their legislation to respond to the increased migration flows caused by the policies of instrumentalisation of migrants implemented by the Belarusian government. This Insight illustrates these responses and shows how these EU Member States instrumentalised border tensions with Belarus to...

Language Requirements: Integration Measures or Legal Barriers? Insights from X v Udlændingenævnet

Insight

Abstract: In X v Udlændingenævnet, the Court of Justice dealt with a Danish provision requiring a Turkish worker, legally resident in Denmark, to successfully pass a language test as a necessary condition to provide his spouse with a residence permit for the purpose of family reunification. The Court claimed that said legislation...

Reshaping the Boundaries Between 'Decision' and Party Autonomy. The CJEU on the Extrajudicial Italian Divorce

Insight

Abstract: This contribution focuses on the definition of “decision” in divorce matters for the purpose of Brussels IIa and IIb Regulations. Shaping the concepts of “decision” and “court” in EU family matters has become controversial since when extrajudicial divorces have spread around Europe since the early 21st century. In 2022 the CJEU...

PL Holdings case: The Investor Ordered to Pay the Expropriating State's Costs, a New Consequence of Achmea

Insight

Abstract: In the Swedish Supreme Court's epilogue to the PL Holdings case, the expropriated company lost all its claims against Poland, which had expropriated it. Applying the case law of the Court of Justice of the European Union (CJEU) on intra-European investment arbitration, the Supreme Court did not merely invalidate the ad hoc...

The Court of Justice and the Assessment of Double Criminality Under the European Arrest Warrant Framework Decision: KL

Insight

Abstract: The Court of Justice provided a comprehensive interpretation of the dual criminality requirement under Framework Decision 2002/584/JHA when it handed down its judgment in the KL judgment (case C-168/21 Procureur général près la cour d’appel d’Angers ECLI:EU:C:2022:558). The case at hand raised three intertwined legal...

Disorder and Discipline: The ECB’s Transmission Protection Instrument

Insight

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...

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