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Between a Rock and a Hard Place: The Impact of Rule of Law Backsliding on the EU’s Response to the Russo-Ukrainian War

Insight

Abstract: In the past decade, Hungary and Poland have experienced a process of rule of law backsliding that threatens the state of democracy at home, and affects the decision making and legitimacy of the European Union as a whole. In the face of Russia’s war of aggression against Ukraine, the response of Hungary and Poland has been diametrically opposed, but...

The Joint Investigation Team in Ukraine: Challenges and Opportunities for the International Criminal Court

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Keywords: joint investigation team – Eurojust – Russia-Ukraine war – International Criminal Court – Office of the Prosecutor – positive complementarity.
 

A Joint Investigation Team (JIT) can be set up on the basis of an agreement between two or more member States of the European Union (EU) and/or other parties...

Sanctions and the Geopolitical Commission: The War over Ukraine and the Transformation of EU Governance

Insight

Abstract: As a result of the invasion of Ukraine, the Commission has been increasing its weight throughout the EU sanctions process. This transformation is visible in the formation, implementation and communication of sanctions. Formulation has become less member state-driven, implementation has undergone some steps towards centralisation, and...

Seizing Russian Assets to Compensate for Human Rights Violations in Ukraine: Navigating the Legal Labyrinth

Insight

Abstract: This Insight explores the legal terrain surrounding constraints on repurposing of state-affiliated property (both state-owned and private assets affiliated with the state) to compensate for human rights violations caused by Russia's invasion of Ukraine. It briefly examines evolving norms regarding sovereign immunity, third-party...

Bumpy Road of Ukraine Towards the EU Membership in Time of War: “Accession Through War” v “Gradual Integration”

Insight

Abstract: The candidate country status for Ukraine was justified and widely supported by the EU institutions and EU Member States because of Russia’s brutal invasion of Ukraine in February 2022. However, Ukraine’s accession to the EU is not going to be an easy ride. It is the first case in history of EU integration when a candidate country that...

Admission et protection des investissements étrangers à l’ère des sanctions européennes contre la Russie visant à protéger l’intégrité territoriale de l’Ukraine

Insight

Abstract: The intensification of restrictive measures adopted by the European Union and its member states in the wake of Russia's offensive in Ukraine raises the question of their interaction with legal regimes applicable to foreign investments which follow diametrically opposed objectives. Indeed, recent trends show that foreign investment regimes...

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...

A Country, but not a State? The Apparent Paradox of International Statehood in Case C-632/20 P, Spain v Commission (Kosovo)

Insight

Abstract: In the case of Spain v Commission the General Court and the Court of Justice of the European Union had to determine whether Kosovo fell into the scope of the definition “third countries” for the purposes of art. 35 of Regulation (EU) 2018/1971 (the “BEREC Regulation”). Despite offering differing viewpoints, the two courts arrived...

Setting Norms and Promoting a Rules-based International Legal Order: Enhancing Strategic Autonomy Through the Autonomy of the EU Order

Insight

Abstract: This Insight analyses whether and to what extent the legal implication of the EU operating as an autonomous legal order can contribute to also ensuring its strategic autonomy. The way the European Court of Justice has interpreted the autonomy principle and preserves the autonomy of the EU legal order enhances the strategic...

Fostering ‘European Technological Sovereignty’ Through the CSDP: Conceptual and Legal Challenges. First Reflections Around the 2022 Strategic Compass

Insight

Abstract: The expression “European Technological Sovereignty” (ETS) has gained momentum in EU discourses. However, it is not defined in EU policy documents and legal acts. Although ETS is mainly connected with the functioning of the internal market, this idea is employed in an array of spheres where the EU enjoys different types of competences. This...

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