Agosto 2016

Table of Contents: I. Introduction. – II. The evolving relationship between the German Federal Constitutional Court and the CJEU under the ultra vires review. – III. The FCC criticism of the CJEU’s legal reasoning. – IV. The legal effects of the CJEU’s preliminary rulings.

Abstract: The...

Table of Contents: I. Introduction. – II. The current position of CFSP in the EU Treaties. – II.1. The purpose of CFSP. – II.2. Consistency between CFSP and other External Relations Policies. – II.3. Legal basis and competence. – III. Internal pressures towards integration. – III.1. A new institutional set-up. – III.2.Legal bases. – III.3....

Table of Contents: I. Introduction. – II. The ECB’s conditionality in context. – III. Conditionality applied to collateral eligibility for Eurosystem credit operations. – IV. Conditionality applied to the provision of Emergency Liquidity Assistance. – V. Conditionality applied to the Securities Markets Programme. – VI. Conditionality applied to...

Table of Contents: I. Introduction. – II. A new model? Hierarchy within an intergovernmental network. – III. An old logic! Prioritising responsibility over solidarity. – IV. Conclusions.

Abstract: Due to the refugee crisis, the Proposal made by the Commission in December 2015 to create a...

Table of Contents: I. Preliminary remarks. – II. Avotiņš v. Latvia: the facts of the case and the findings of the European Court of Human Rights. – III.1. Automatic recognition of civil judgments and rights of defence: the case-law of the CJEU. – III.2. The perspective of the European Court: How to strike a fair balance between mutual trust...

The basic facts are well known by now. On 23 June 2016 the voters, by a slim majority, decided that the United Kingdom (UK) should leave the European Union. This has been a major earthquake with political and economic aftershocks going beyond the white cliffs of Dover. They are destined to continue for months, if not years. For the first time in history of the European...

Abstract: The intersections between recognition and enforcement of foreign decisions in civil and commercial matters and protection of fundamental rights have been a subject of growing interest in the recent case-law of the European Court of Human Rights. The judgment of the Grand Chamber in Avotiņš v. Latvia is especially relevant, insofar...

Abstract: With the recent update of its 2013 National Action Plan (NAP) the UK Government has given account of the process of implementation of the 2011 UN Guiding Principles on Business and Human Rights (GPs). In particular, the UK Government has listed the achievements made and the actions taken over the past two years in this regard. This ...

Abstract: It has already been made clear in case-law that a European Union measure – including a decision approving an international agreement – may have a dual substantive legal basis. This is necessary wherever the measure simultaneously pursues a number of objectives, or has several components, which are linked to each other, without one being...

Abstract: The European Commission has recently concluded the negotiations on the free trade agreement between the EU and Vietnam and the Comprehensive Trade and Investment Agreement between the EU and Canada. Amongst other issues, these agreements provide for comprehensive chapters on investment, including provisions on investor-state dispute...