Table of Contents: I. Introduction. – II. Objectives in documents. – III. Legislative momentum. – IV. Legislative process and content. – V. Conclusion.
Abstract: Capital Markets Union (CMU) is a plan towards a single market for capital in the EU. While the plan is not limited to the euro area, some...
Table of Contents: I. Introduction. – II. The issue of delegation under the system of the Treaties. – III. Rule-shaping by EU agencies in the financial markets. – III.1 Participation in the executive rulemaking of the Commission. – III.2 Harmonisation through soft law. – IV. Legality and delegation after the financial crisis. – V....
Table of Contents: I. Introduction. – II. Key features of the general framework of implementing and adapting EU law. – III. Sui generis aspects of the framework governing the implementation of the law of EMU. – III.1. The ECB’s implementing function under SSM. – III.2. Enforcement as a separate executive function from implementation under...
Table of Contents: I. Introduction. – II. The ECB’s transparency exceptionalism within the EU constitutional framework. – II.1. Confidentiality as a necessary governance tool for ECB monetary policy. – II.2. Extending the same confidentiality approach to ECB prudential supervision. – II.3. The compatibility of ECB monetary policymaking...
Table of Contents: I. Introduction. – II. Guaranteeing democratic accountability within the EU. – II.1. Democratic accountability in today’s EU. – II.2. Persistent shortcomings in the accountability framework post-Lisbon. – III. Democratic accountability of EMU decisions. – III.1. EMU decision-making procedures and their characteristics. – III.2....
Table of Contents: I. Introduction. – II. Four main categories of CJEU cases. – II.1. EMU and the euro and debt crisis in general. – II.2. Problems of multilevel decision-making. – II.3. Questions of liability and responsibility. – II.4. Issues relating to the Banking Union. – III. Concluding observations.
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Table of Contents: I. Introduction to the Special Section: EMU law and its relevance for the EU legal order. – II. Theoretical premise: studying the EU legal order in the context of European integration. – III. The origin of the autonomous EU legal order: the symbiosis between law and microeconomic integration. – III.1. The...
Keywords: standard contractual clauses – Commission Implementing Decision - cross border data flows – personal data processing – data protection – controller and processor’s responsibility.
Standard contractual clauses (SCC) constitute one of the legal bases that under Regulation (EU) 679/2016 allow data...
Abstract: Does a dominant firm abuse its market power in violation of EU competition law and, more specifically, art. 102 TFEU if it accords more favourable treatment to its own products or services than to those of its rivals? In answering this question in the affirmative and holding that self-preferencing constitutes a novel type of abuse of...
Abstract: In application of art. 3 Brussels II-bis a spouse can only have one habitual residence even if he/she share his/her time between two Member States. The court has the duty to establish his/her habitual residence taking into account the place where such person has the main centre of his or her interests and a stable presence....
Abstract: The judgment of the Court of Justice in the Sumal ECLI:EU:C:2021:800 case charts new territory in the application of the concept of the “economic unit” in EU competition law. In addition to the established principles regarding the liability of the economic unit for fines imposed by the European Commission, the Court has found that...
Keywords: Pact on Migration and Asylum – borders – hybrid threats – instrumentalisation – sanctions – proposed reforms.
As the “new” Pact on Migration and Asylum[1] remains deadlocked, the Commission’s last attempt to cope with the refugee and migration crisis at Europe's...
Abstract: The climate crisis is – as far as we can see in 2021 – the greatest challenge of the 21st century. The existence of global warming as a human-made problem and the abstract need of transiting away from fossil energy sources is largely accepted. The question, however, of how to best achieve this transition is a major bone of contention –...
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