Consumer Protection in the Age of Personalised Marketing: Is EU Law Future-proof?

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Table of Contents: I. Introduction. – II. Personalised marketing and its potential to exploit consumer vulnerabilities. – II.1. Personalised marketing. – II.2. Potential to exploit consumer vulnerabilities. – III. Consumer protection against personalised marketing: shortcomings of the current EU legal framework. – III.1. The Unfair Commercial...

The Informalisation of EU Readmission Policy: Eclipsing Human Rights Protection Under the Shadow of Informality and Conditionality

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Table of Contents: I. Informality and the EU external action on migration and asylum. – I.1. Informalisation and cooperation on the readmission. – I.2. Growing interest in informalisation: a literature review. – II. Informalisation, soft law and soft agreements: key concepts and definitions in the readmission policy field. – II.1. Understanding...

Introduction. The ECHR in the ECJ’s Case Law Post-Charter: A Dual Perspective

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Abstract: The relationship between EU law and the ECHR has undergone significant changes in recent decades. The EU has developed its own Charter of Fundamental Rights, gained powers to promote specific fundamental rights, and negotiations for EU accession to the ECHR are ongoing. These evolving parameters strengthen the interactions between the EU...

A Verfassungsbeschwerde for the European Union?

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In contemporary systems of human rights protection the right to an effective remedy is acquiring a prominent place. It is, indeed, the right of the rights, as no right can be qualified as such unless it is assisted by an effective remedy. The effectiveness of the remedy is thus the indispensable instrument which complements every right, regardless of its nature and rank....

Preface: Rewriting Landmark Judgments of the European Court of Justice: A New Project for European Papers and a New Way of ‘Doing EU Law’

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Abstract: This preface to the new series What ... Should Have Said: Rewriting Landmark Judgments of the European Court of Justice introduces the project and its rationale. Legal scholars typically critically analyse court judgments so as to provide a "soft power based" check on judicial reasoning and provide doctrinal and normative guidance...

Introduction: What Keck and Mithouard Actually Said – And Its Legacy

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Abstract: The European Court of Justice's judgment in Keck and Mithouard (joined cases C-267/91 and C-268/91 ECLI:EU:C:1993:905) is one of the crucial judgments in the development of the free movement of goods, and EU internal market law more generally. Keck generated a vast number of scholarly commentaries. Its legacy has...

Convention Control Over the Application of Union Law by National Judges: The Case for a Wholistic Approach to Fundamental Rights

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Table of Contents: I. Convention control over the application of Union law by domestic courts. – I.1 The principle. – I.2. Applications. – II. The case for a wholistic approach to fundamental rights: state of the play. – II.1. The European Court of Human Rights. – II.2. The Court of Justice of the European Union. – III. Conclusion....

What Keck and Mithouard Should Have Said: Preventing Substantial Barriers to Market Access

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Abstract: This rewriting of Keck and Mithouard (joined cases C-267/91 and C-268/91 ECLI:EU:C:1993:905) is based on three categories of measures having equivalent effect: 1) national measures which disadvantage imported goods, 2) product requirements and 3) indistinctly applicable measures capable of...

Preface: Rewriting Landmark Judgments of the European Court of Justice: A New Project for European Papers and a New Way of ‘Doing EU Law’

e-Journal

Abstract: This preface to the new series What ... Should Have Said: Rewriting Landmark Judgments of the European Court of Justice introduces the project and its rationale. Legal scholars typically critically analyse court judgments so as to provide a "soft power based" check on judicial reasoning and provide doctrinal and normative guidance...

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European Forum

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Forum Européen

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Forum europeo

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