Table of Contents: I. Introduction: the need for coordination between the supranational and international levels. – II. Models of coordination. – II.1. The prevalence model. – II.2. The balancing model. – III. Concrete application of the models. – III.1. The prevalence of obligations under customary international law. – III.2. The prevalence of...
Abstract: Constructive abstention, provided for in art. 31(2) TEU, has been conceived of as an instrument applicable to CFSP acts. As art. 215 TFEU establishes an integrated regime in which CFSP decisions and TFEU regulations are interdependent on each other, the issue arises as to whether the scope of constructive abstention can be extended to...
Keywords: supply of lethal arms – CFSP – European Peace Facility – Ukraine – territorial integrity – international security.
By decision of 28 February 2022,[1] the Council of the EU unanimously decided to fund (in the amount of euro 1 840 000 000, as last increased by Council...
Abstract: In Bank Refah (judgment of 6 October 2020, case C-134/19 P) the Court of Justice provides important clarifications on the type of judicial remedies available in relation to CFSP decisions establishing restrictive measures. As in Rosneft, the Court seems to extend its jurisdiction beyond the so-called “claw-back” provision...
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: In Alimanovic (case C-67/14, 15 September 2015) the CJEU ruled that Member States nationals who are job seekers and resident in another MS can be excluded from the entitlement to certain benefits constituting social assistance within the terms of EU law, which are granted to nationals in the same position. The author argues that...
Keywords: Outermost Regions – legal basis – application of the Treaties – derogations – scope ratione materiae.
Fra i problemi interpretativi che sorgono in relazione all’art. 349 del Trattato sul funzionamento dell’Unione europea (TFUE)[1] – disposizione che attribuisce all’Unione il potere...
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