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The institutional system

The Nansen Passport and the EU Temporary Protection Directive: Reflections on Solidarity, Mobility Rights and the Future of Asylum in Europe

Insight
  • 1527 views
Daniela Vitiello

Abstract: The Temporary Protection Directive (TPD) is one of the most controversial pieces of EU legislation. Adopted back in 2001 and never implemented, it has been at the margins of EU migration and asylum policies until, on 3 March 2022, the Home Affairs Ministers of the EU27 reached an “historic agreement” on its activation. This Insight...

European Papers, 30.03.2022 | Posted in
The Constitutional Dimension of the European Union, The institutional system, EU Policies and the Area of Freedom, Security and Justice, Visas, asylum and immigration, The European Integration Through Human Rights, Protection of human rights in Europe

What Chimpanzees Can Teach the EU: Or Why the EU Should Embrace Sovereignty as Part of Human Nature

Insight
  • 834 views
Armin Cuyvers

Abstract: This Insight makes four key claims. First, evolutionary biology and the study of chimpanzees show that social animals have an emotional need for a stable, formal hierarchy. Second, sovereignty might be understood as a highly evolved and abstract solution to fill this basic need. Third, global interdependence and European...

European Papers, 17.12.2021 | Posted in
The Constitutional Dimension of the European Union, The institutional system

Poland Before the Court of Justice: Limitless or Limited Case Law on Art. 19 TEU?

Insight
  • 2606 views
Pablo Martín Rodríguez

Abstract: In 2019, the Court of Justice has ruled in an innovative case on the protection of the independence of Member States’ judiciaries. In two judgments, delivered in June and November, the Court declared that several statutes amending the organisation of the Polish judicial system infringed the second subparagraph of Art. 19, para. 1, TEU...

European Papers, 25.04.2020 | Posted in
The Constitutional Dimension of the European Union, The institutional system, The sources of EU law, Judicial review, Competences, The European Integration Through Human Rights, Protection of human rights in Europe

Had Coudenhove-Kalergi’s Pan-Europa Foreseen the United Kingdom’s Nationalist Hour (Brexit)?

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  • 1557 views
Dora Kostakopoulou

Keywords: Brexit – nationalism – cosmopolitanism – democracy – national sovereignty – European Union.
 

The Cynic Diogenes of Sinope saw himself as a citizen of the world (a cosmopolitis); he believed that one’s local origin and group membership could not extricate his/her moral affiliation with more universal...

European Papers, 10.04.2020 | Posted in
The Constitutional Dimension of the European Union, The institutional system

L’illégalité de la suspension du Parlement britannique demandée par Boris Johnson: la décision du 24 septembre 2019 rendue par la Cour suprême britannique

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  • 2224 views
Morfouace Eglantine

Keywords: Brexit – prorogation – constitutional convention – Supreme Court – parliamentary sovereignty – parliamentary democracy.
 

“Crucially, today’s ruling confirms that we are a nation governed by the rule of law, laws that everyone, even the Prime Minister, are subject to” a déclaré Gina Miller à la sortie...

European Papers, 12.12.2019 | Posted in
The Constitutional Dimension of the European Union, The institutional system, The sources of EU law, Competences

Next Step: Electing the Commission’s President

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  • 601 views
Konstantinos Margaritis

Keywords: European elections – President of the Commission – Art. 17, para. 7, TEU – candidate – European Parliament – Council.
 

The Treaty of Lisbon has established a new process for the election of the President of the European Commission. Under art. 17, para. 7, TEU: “Taking into account the elections to the...

European Papers, 21.06.2019 | Posted in
The Constitutional Dimension of the European Union, The institutional system

Suing the European Union in the UK: Tomanović et. al. v. the European Union et. al.

Insight
  • 1783 views
Stian Øby Johansen

Abstract: In its judgment of 13 February 2019 in the case of Tomanović et.al. v. the European Union et.al., the English High Court of Justice dismissed several claims based on human rights violations by EULEX Kosovo. Although the High Court’s dismissal was ultimately based on the lacking incorporation of the Treaty provisions on the Common...

European Papers, 13.05.2019 | Posted in
The Constitutional Dimension of the European Union, The institutional system, The International Dimension of European Integration, The external action of the European Union

Impact of Brexit on European Company Law: A French Private International Lawyer Perspective

Insight
  • 1455 views
Jeremy Heymann

Abstract: Although the outcome of the Brexit remains quite uncertain, this Insight aims at contemplating, from a private international law perspective, what the consequences of Brexit, in the field of Company law, could be. From Incorporation to (possible) freedom of movement, through recognition (and its consequences), the major...

European Papers, 25.08.2018 | Posted in
The Constitutional Dimension of the European Union, The institutional system, The sources of EU law, Competences, Internal Market - Freedoms of Movement and Competition Law, Internal market - Economic freedoms of movement, Companies

Il controllo della Corte di giustizia sul rispetto del principio dello Stato di diritto da parte degli Stati membri: alcune riflessioni in margine alla sentenza Associação Sindical dos Juízes Portugueses

Insight
  • 3249 views
Monica Parodi

Abstract: The judgment in the case Associação Sindical dos Juízes Portugueses (Court of Justice, judgment of 27 February 2018, case C-64/16) offers a significant contribution to the sensitive issue of the role of the Court of Justice in monitoring the respect of the rule of law by the EU Member States. The Insight focuses on the...

European Papers, 20.07.2018 | Posted in
The Constitutional Dimension of the European Union, The institutional system, Judicial review

Transparency of Legislative Procedures and Access to Acts of Trilogues: Case T-540/15, De Capitani v. European Parliament

Insight
  • 3135 views
Francesca Martines

Abstract: On 22 March 2018, for the first time the General Court ruled on access to documents of trilogues (case T-540/15, De Capitani v. European Parliament). These are informal meetings between representatives of the European Parliament, the Council and the Commission, which negotiate to reach an agreement, which must subsequently be...

European Papers, 24.06.2018 | Posted in
The Constitutional Dimension of the European Union, The institutional system, Decision-making procedures
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