Gone with the Wind: JP and the Right to Clean Air Under EU Law

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Table of Contents: I. Introduction. – II. Air quality and EU law. – III. The CJEU’s case law on AQD. – III.1. Public enforcement. – III.2. Private enforcement. – IV. The JP judgement: no right to seek damages caused by air pollution. – IV.1. Damages are no longer a necessary corollary of direct effect. – IV.2. Member Staes liability for...

Protection Without Recognition: The Role of the Council of Europe in Strengthening Human Rights in Kosovo

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Table of Contents: I. Introduction. – II. A brief (constitutional) history of Kosovo. – III. Human rights in Kosovo’s legal order. – III.1. Constitutional integration. – III.2. Judicial application. – IV. Standard-setting, monitoring and cooperation mechanisms. – IV.1. The Horizontal Facility. – IV.2. Other programmes and projects. – IV.3. From...

Reopening Criminal Proceedings and Ne Bis in Idem: Towards a Weaker Res Iudicata in Europe?

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Table of Contents: I. Setting the scene: introductory remarks. – II. The possibility to reopen a case and ne bis in idem: main theoretical issues. – III. Retrial and ne bis in idem in Europe through the lens of the Charter, the ECHR and the CISA. – IV. A focus on the ECHR: Art. 4 of Protocol 7 as a benchmark for cases reopening in...

Customary International Rules Addressed to Member States and EU: Mapping Out the Different Coordination Models

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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...

Providing Weapons to Ukraine: The First Exercise of Collective Self-defence by the European Union?

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Table of Contents: I. Introduction. – II. The EU decision to assist Ukraine: a watershed yet not unpredictable moment. – III. The international relevance of the EU assistance to Ukraine. – IV. A measure of collective self-defence? – V. Attributing the assistance in favour of Ukraine to the EU Member States: the general criteria of arts 4 ARS and 6...

EU Coordination in Multilateral Fora as a Means of Promoting Human Rights Laws Abroad

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Table of Contents: I. Introduction. – II. The legal principles governing EU coordination in international law-making fora: a weakness or a strength of Member States' external sovereignty? – III. The case of the Maritime Labour Convention: the journey of human rights from the EU to China via international law. – III.1. The Convention and the EU's...

The Second Republic of Europe

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The celebrated work of Niccolò Machiavelli, The Prince, opens with a concise yet terse sentence: “[a]ll states and governments that ever ruled over men have been either republics or monarchies”. This blunt sentence summarises, in a nutshell, the two dilemmas of the political thought of the antiquities: the dilemma about the form of government and the dilemma about...

The Fight Against Harmful Tax Competition in the EU: A Limit to National Fiscal Autonomy?

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Table of Contents: I. Introduction. – II. The EU control of harmful tax measures: the Code of Conduct for Business Taxation and other forms of cooperation between tax authorities. – III. State aid law as a tool against harmful tax measures. – IV. The rocky road to corporate tax harmonisation. – V. Is the EU overstepping its powers? Conclusive...

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