The (Im)possibility of a CFSP “Internal Solution”

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Table of Contents: I. Introduction – II. The main options considered by the negotiators – II.1. Introduction – II.2. A “reattribution mechanism” to ensure that EU Member States are exclusively responsible for CFSP conduct outside the scope of CJEU jurisdiction – II.3. An “interpretative declaration” to extend the CJEU’s jurisdiction over the CFSP –...

EU Accession to the ECHR: The non-EU Member State Perspective

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Table of Contents: I. Resuming negotiations: common basis and new requests. – II. Non-EU Member States: an actor of its own or a loose aggregate of diverging interests? – II.1. Context, changes and ongoing developments. – II.2. Nature, aim and working methods of the NEUMs Group. – II.3. Common Statement and Key Negotiating principles. – III. Issues...

Shades of Trust: The ECtHR, the ECJ and Their Evolving Relationship in Light of the 2023 Revised Draft Accession Agreement

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Table of Contents: I. Introduction. – II. Trust and distrust: Delineations and reflections on the protagonists of the EU accession saga. – III. Opinion 2/13 and its aftermath: The politics of distrust. – IV. The mirage of trust: The ECtHR and the draft accession instruments. – V. The road ahead: (Re-)building trust post-accession. – VI....

The 2023 Draft Agreement on the EU Accession to the ECHR: Possible “Gaps” and “Cracks” in the Co-respondent Mechanism and the Implications for the Bosphorus Doctrine

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Table of Contents: I. Introduction – II. The equivalent protection doctrine – III. An alternative to Bosphorus: The joint responsibility of the EU and its Member States on the basis of the co-respondent mechanism – III.1. The Co-respondent mechanism and joint responsibility – III.2. The “mechanics” of the co-respondent mechanism: A critical...

The Revised Draft Agreement on the Accession of the EU to the ECHR: Third Time’s a Charm?

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Table of Contents: I. Introduction. – II. Preparing the ground for another attempt? The judicial dialogue between the CJEU and ECtHR since Opinion 2/13 – III. Negotiating the Revised Draft Accession Agreement. – IV. Appraising the Revised Draft Accession Agreement. - V. Conclusion.

Abstract...

The (Im)possibility of a CFSP “Internal Solution”

e-Journal

Table of Contents: I. Introduction – II. The main options considered by the negotiators – II.1. Introduction – II.2. A “reattribution mechanism” to ensure that EU Member States are exclusively responsible for CFSP conduct outside the scope of CJEU jurisdiction – II.3. An “interpretative declaration” to extend the CJEU’s jurisdiction over the CFSP –...

Shades of Trust: The ECtHR, the ECJ and Their Evolving Relationship in Light of the 2023 Revised Draft Accession Agreement

e-Journal

Table of Contents: I. Introduction. – II. Trust and distrust: Delineations and reflections on the protagonists of the EU accession saga. – III. Opinion 2/13 and its aftermath: The politics of distrust. – IV. The mirage of trust: The ECtHR and the draft accession instruments. – V. The road ahead: (Re-)building trust post-accession. – VI....

The Revised Draft Agreement on the Accession of the EU to the ECHR: Third Time’s a Charm?

e-Journal

Table of Contents: I. Introduction. – II. Preparing the ground for another attempt? The judicial dialogue between the CJEU and ECtHR since Opinion 2/13 – III. Negotiating the Revised Draft Accession Agreement. – IV. Appraising the Revised Draft Accession Agreement. - V. Conclusion.

Abstract...

The Revised Draft Agreement on the Accession of the EU to the ECHR: Third Time’s a Charm?

e-Journal

Table of Contents: I. Introduction. – II. Preparing the ground for another attempt? The judicial dialogue between the CJEU and ECtHR since Opinion 2/13 – III. Negotiating the Revised Draft Accession Agreement. – IV. Appraising the Revised Draft Accession Agreement. - V. Conclusion.

Abstract...

Atlas Shrugged: An Analysis of the ECtHR Case Law Involving Issues of EU Law Since Opinion 2/13

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Table of Contents: I. Introduction: “The disappointment that we felt”. – II. Connolly continued: complaints about acts of the EU institutions. – III. Back to real Bosphorus: complaints about EU Member States implementing EU law. – IV. No blind trust: complaints about cooperation between EU Member States. – IV.1. Avotiņš:...

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European Forum

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