Table of Contents: I. Introduction. – II. Genuine EMU. – III. Wrong Method. – IV. Right Direction.
Abstract: The main problem of Economic Monetary Union (EMU) is not a weakness of parliamentary control but the lack of a strong executive. A fiscal union needs a treasury, housed within the Commission...
Table of Contents: I. T-Dem or the democratic question put back at the heart of economic governance. – II. The European Parliament, rather than an assembly of the Euro area. – III. The ways of strengthening the powers of the European Parliament. – IV. Taking into account the interest of the Euro area as a whole. – V. From democratic frustration to...
Table of Contents: I. Introduction. – II. The T-Dem’s Parliamentary Assembly of the Euro Area. – III. The choice for an external institutionalization. – IV. Conclusion.
Abstract: The Draft Treaty on the Democratization of the Governance of the Euro Area (dubbed “T-Dem”) is an academic project aimed...
Table of Contents: I. Introduction. – II. An Assembly fitted with the multifunctional nature of legislatures. – III. An insurance against free-riding. – IV. A fair share for the European Parliament. – V. The devil is in the details. – VI. Conclusions.
Abstract: A new assembly proposed for...
Table of Contents: I. Introduction. – II. Summit and Congress. – III. Ministers and Congress. – IV. Treaties and Congress. – V. To conclude.
Abstract: At a time when Europe’s political leaders are considering new reforms of the single currency, T-Dem’s plea for a Eurozone assembly should be...
Table of Contents: I. Introduction. – II. The existing approaches and the reasons for a comprehensive typology. – III. The structure of the typology and the four Iida-criteria. – IV. The criterion of the density of EU regulation. – IV.1. Implementation of EU law by the Member States without discretion. – IV.2. Margins of discretion granted to the...
Table of Contents: I. Introduction and structure. – II. Brief account on Ajos. – II.1. The reference to the Court of Justice. – II.2. The reasoning of the Supreme Court. – III. Ajosin light of DSC’s practise about accession to EU. – III.1. Background on the Danish constitutional context as regards review of...
Table of Contents: I. Introduction. – II. The Europeanisation programme. – III. The United Kingdom opt-in. – IV. The legislative background. – IV.1. The Brussels instruments. – IV.2. The Rome instruments. – V. Brexit. – V.1. Brexit: the political background. – V.2. The European Union (Withdrawal) Bill. – VI. The position of Scotland within the UK in...
Abstract: This introduction presents the five Articles of this Special Section that was originally conceived at a workshop entitled “Taking Stock of the Open Method of Coordination” (21stIus Commune Congress, 24-25 November 2016, Maastricht, the Netherlands). With a view to deepening understanding of policy...
Table of Contents: I. The place of the OMC in primary EU law. – II. The OMC and the principle of conferral. – III. Does the OMC produce soft law? – IV. Conclusion: Is the OMC part of the EU legal order?
Abstract: It is often said that the Open Method of Coordination (OMC) is a form of soft law and...
Table of Contents: I. Introduction. – II. General challenges for legal analysis of the Open Method of Coordination. – II.1. The OMC and the specificities of EU legal system. – II.2. A trend toward fewer OMC references.– III. The evolution of OMC in the European legal system: From light to shadow. – III.1. Recognition of a legal...
Table of Contents: I. Introduction. – II. Theories of organisational change and survival. – II.1. Functional imperatives: organisational survival “on delivery”. – II.2. Power perspective: survival as political battle. – II.3. Institutionalisation and survival. – II.4. Institutional perspective – Survival by riding a fashion wave. – III. The OMC in...
Table of Contents: I. Introduction. – II. The “promises” of the cultural OMC. – III. The birth of the cultural OMC. – IV. The operation and evolution of the cultural OMC. – V. Cultural policy coordination or cultural cooperation? – VI. The cultural OMC in the context of the EU cultural policy. – VII. Cultural coordination outside the cultural OMC...
Table of Contents: I. Introduction – EU economic policy from a governance perspective. – II. Characterizing economic coordination in the pre-crisis era. – II.1. The Treaty framework on economic policy. – II.2. Pre-crisis economic governance and the OMC. – III. Economic governance in the post-crisis era – Entering a new world? – III.1...
Table of contents: I. Introduction. – II. The diagnosis. – II.1. A sometimes contradictory diagnosis. – II.2. A partially convergent one. – II.2.1. The EMU as a “meta-policy”. – II.2.2. The normative power of the market. – III. The solutions. – III.1. Relevant solutions. – III.2. Insufficient solutions.
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Table of Contents: I. Introduction. – II. Democratising the Eurozone, a creative thinking exercise. – II.1. De lege ferenda. – II.2. Working on concepts – II.3. Beyond national constitutional models – III. Democratising the Eurozone, a constrained exercise. – III.1. Democratisation by politicisation? – III.2. Democratising without...
Among the reactions to the decision of the US Presidency to withdraw from the Joint and Comprehensive Plan of Action (JCPOA) – a conventional scheme agreed upon in 2015 by the Islamic Republic of Iran and the E3/EU+3 group, namely (China, France, Germany, the Russian Federation, the United Kingdom and the United States, with the High Representative of the European Union...
Table of Contents: I. The main concerns of the T-Dem initiative. – II. Europe in troubled waters. More Europe the solution? – III. No alternative?
Abstract: With the benefit of hindsight, the multifaceted dimension and the since long creeping causes of Europe’s constitutional misery are ever better...
Table of Contents: I. Introduction. – II. Democracy and economic reforms. – II.1. Democracy needs to take priority over effectiveness in Eurozone governance. – II.2. Disentangle democratization of the Eurozone from any particular policy program. – III. What kind of parliamentarization? – III.1. The parliamentarization of Eurozone governance...
Table of Contents: I. Introduction. – II. An intergovernmental parliamentarisation of the Euro area. – III. A new economic Constitution. – IV. Two sets of practical issues. – V. Conclusion: dark matters and alternative paths.
Abstract: The T-Dem is both important and welcome as it
...Table of Contents: I. A crucial European debate. – II. The nature of the democratic problems of the European Union and the Eurozone. – III. Five limits of the proposed new Parliamentary Assembly.
Abstract: The Overview aims to analyze merits and limits of the book Pour un traité...
Table of Contents: I. Introduction. – II. Practice and proposals on interparliamentary cooperation following the approval of Art. 13 FC. – III. Criticism on the draft. – IV. Possible alternative solutions under the existing Treaty provisions. – V. Conclusion.
Abstract: The Overview offers...
Cuadernos Europeos se complace en anunciar que su número 1 del Volumen 3, 2018 está disponible en linea....
Abstract: In the much-awaited Achmea judgment (of 6 March 2018, case C-284/16 [GC]), the Court of Justice held that investor-state tribunals (ISTs), “such as” the one under the Netherlands-Slovakia intra-EU bilateral investment treaty (BIT) are incompatible with EU law. In this arguably short judgment, the Court of Justice consolidated its...
Abstract: This Insight comments on the recent judgment of the Court of Justice in Associação Sindical dos Juízes Portugueses (judgment of 27 February 2018, case C-64/16). The Court took advantage of this case to emphasise the potential of EU law to consolidate and defend the rule of law structures in the Member States. The Court...
Abstract: In Fédération Nationale des Syndicats Sportifs (FNASS) and others v. France (judgment of 18 January 2018, no. 48151/11 and 77769/13), the European Court of Human Rights assessed the compatibility between the right to private and family life and a French Order regulating unannounced anti-doping controls for sport professionals....
Keywords: European citizenship – freedom of movement – right of residence – fundamental rights – burden of proof – best interests of the child.
La jurisprudence de la Cour de Justice des dernières années concernant les membres des familles des citoyens de l’UE a marqué une ouverture vers l’intégration qui...
The Erik Castrén Institute of International Law and Human Rights, (ECI), housed at the University of Helsinki Faculty of Law, organizes and co-organizes a variety of scientific events in
...Abstract: In its judgment of 6 March 2018, in Achmea (case C-284/16 [GC]), the CJEU for the first time ruled on the validity, in light of EU law, of an international agreement between Member States. The judgment raises several important legal questions. This Insight concentrates exclusively on those related to...
The international Seminar on "Social Integration in EU Law: Contents, Limits and Functions of an Elusive Notion" will take place on Friday 25 May 2018.
The Seminar is jointly promoted by the Law Department of the University of Turin, the Collegio Carlo Alberto, and the European Commission, within the framework of the MoveS...
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