Table of Contents: I. Introduction. – II. Law-making capacity as an expression of sovereignty. – III. The participation of international organizations in the formation of customary international law. – III.1. Overview. – III.2. Whose practice? – III.3. Which norms? – III.4. Conclusion – IV. The practice of the EU and its relevance in the creation of...
Table of Contents: I. Introduction. – II. Rainbow families’ parental rights in the EU: charting progress through law and politics. – II.1. From courtrooms to Commission: the evolution of LGBTIQ parenthood recognition in EU law. – II.2. Political strategy of the Regulation proposal. – III. Concerns on the efficiency of the EU legislative mechanism...
Table of Contents: I. Introduction. – II. Primary law: migration management and its limits. – III. Secondary legislation: enhanced protection of migrants’ rights. - III.1. Enhancing the rights of migrants – III.2. Promotion of State interests. - IV. Asylum policy: reform failure and circumvention. – IV.1. “Pushbacks” as an extreme form of non-...
Table of Contents: I. Introduction. – II. New formulas in the regime of mutual recognition in the EIO. – III. The question of defining investigative measures and having recourse to a different one. – III.1. The applicability of the corrective mechanism in other cooperation systems. – IV. An increased extent of direct communication between the...
Table of Contents: I. Introduction. – II. The normative positioning of the Union: a new space for the collective exercise of sovereignty. – II.1. Human rights and criminal law, a source of inspiration and legitimacy. – II.2. Normative interpretation and hybridization within the Council practice. – III. “Supplementing” criminal repression? A new...
Table of Contents: I. Introduction – II. Cultural analysis, metaphor and the imageries of project and system – III. Autonomy and project and system in EU law – III.1. The EU legal order as the ECJ's project to create a system – III.2. The EU legal order as construction and body – III.3. Autonomy as the immanent principle of EU legal order – IV. The...
Abstract: Jurisprudential accounts of the autonomy of EU law have struggled to offer a compelling account of its unique features. Nevertheless, I argue that Ronald Dworkin’s court-centric methodological approach is better-suited than Hartian positivism to shed light on the notion that EU law is autonomous. This is because most questions about the...
Table of Contents: I. Introduction. – II. Normative autonomy as the very foundation of the EU legal order. – III. Regulatory autonomy. – IV. The Energy Charter Treaty (ECT). – IV.1. Substantive tensions. – IV.2. A clash with normative autonomy? – IV.3. Limiting regulatory autonomy? – V. The reformed text of the ECT. – VI. The dark side of the EU’s...
Table of Contents: I. Introduction. – II. Actants. – III. The absence of brute facts. – IV. Valency. – V. Law as proliferation of power. – VI. Increasing adjudicative power. – VII. Increasing regulatory power. – VIII. Conclusion: the importance of inclusion and empowerment.
Abstract: Two...
Table of Contents: I. Introduction. – II. The identity of the EU and European values. – III. A constitutional moment: becoming a member of the EU. – IV. The principle of autonomy and the wider world. – V. Concluding remarks.
Abstract: This epilogue rejects the idea that the principle of autonomy is...
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