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Gibt es eine österreichische Europarechtswissenschaft?

Insight

Abstract: The paper addresses the question whether there exists a specific “Austrian” community of EU law scholars. This forms part of the broader question whether there exists a peculiar German or German-speaking community of EU law scholars (to which the current issue is devoted). To this end, the paper examines three fields – the impact of the...

Einleitung: Die deutschsprachige Europarechtswissenschaft und ihre Rolle in Europa

Insight

Abstract: For the first time, a German language Special Focus is to be published in the European Forum of European Papers. One of the key questions in EU law is what it means to be part of a scientific community whose object of study are legal norms existing in a multiplicity of languages and legal cultures. As the ...

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...

The Preliminary Ruling Procedure 2.0

Insight

Abstract: The end of 2022 saw the publication of the proposal for reform of the preliminary ruling procedure, drafted by the Court of Justice of the EU. If the proposal goes through, it will bring about one of the most significant changes in the EU judicial system in its seventy years’ history. In this Insight, I start with an overview of the...

Five Surgical Strikes on the Treaties of the European Union

Insight

An Unusual Insight: A short premise by the Board of Editors. This is an unusual Insight. It does not look at the existing law of the Union but rather at its possible and auspicious development. It does not ad-dress only the scholarly world, but also the much wider circle of persons interested in the future of the Union. In spite of this feature, or...

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...

Simple Abstention and Constructive Abstention in the Context of International Economic Sanctions: Two Too Similar Sides of the Same Coin?

Insight

Abstract: Constructive abstention, provided for in art. 31(2) TEU, has been conceived of as an instrument applicable to CFSP acts. As art. 215 TFEU establishes an integrated regime in which CFSP decisions and TFEU regulations are interdependent on each other, the issue arises as to whether the scope of constructive abstention can be extended to...

The Court of Justice Finally Rules on the Analogical Application of Art. 351 TFEU: End of the Story?

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Keywords: article 351 TFEU – prior agreements – Member States international obligations – treaty conflict – conflict clause – analogical application.

As is well-known, art. 351 TFUE is a so-called conflict clause within the meaning of art. 30(2) of the Vienna Convention of the Law of Treaties. Conflict rules are common...

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