Convulsive Direct Effect?

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In spite of overflowing case law and an incessant scholarly debate, the doctrine of direct effect still delivers fresh surprises. The last in time is a mysterious tripartite statement included in Thelen Technopark ECLI:EU:C:2022:33 (commented by J Lindeboom, ‘Thelen Technopark and the Legal Effects of the Services Directive in Purely Internal and Horizontal Disputes...

Comparing the Practice of Accession to and Withdrawal from the European Union: Commonalities in Principles and Procedures?

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Table of Contents: I. Introduction. – II. The “principles” common to admission to and withdrawal from the European Union. – II.1. The principle of democracy. – II.2. The respect for the acquis communautaire. – II.3. The principle of good neighbourliness. – III. The emergence of integovernmentalism in the admission and withdrawal procedures...

Interpretation in EU Multilingual Law

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Table of Contents: I. Introduction. – II. The multilingual European Union law. – III. Guarantees of clarity in Union law. – IV. Common European legal discourse as a way to overcome relativism. – V. Conclusion.

Abstract: The European Union as a supranational entity that unites many different legal...

European Institutions Acting Outside the EU Legal Order: The Impact of the Euro Crisis on the EU’s 'Single Institutional Framework'

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Table of Contents: I. Introduction. – II. The case of the ESM: why the Eurozone’s governance does not question the unity of the EU institutional framework. – II.1. The establishment of the ESM. – II.2. The institutional functioning of the ESM. – III. The impact of tasks entrusted to the EU institutions under the ESM on the institutional equilibrium...

The Externalisation of the EU’s Cybersecurity Regime: The Cyber Diplomacy Toolbox

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Table of Contents: I. Introduction. – II. Cybersecurity as internal market resilience. – III. Cybersecurity as an issue of internal security under the AFSJ. – IV. Mainstreaming cybersecurity into CFSP. – IV.1. The emergence of cyber cooperation under PESCO. – IV.2. Cyber Diplomacy Toolbox: between sanctions and a lawful response to cyber-attacks. –...

The External Dimension of the EU Immigration and Asylum Policies Before the Court of Justice

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Table of Contents: I. Introduction. – II. Quantitative analysis and scope of judicial competence in the external dimension of EU immigration and asylum policies. – III. Substantive inputs from the Court of Justice’s case-law on the external dimension of EU immigration and asylum policies. – IV. What is the Court of Justice’s role in this external...

Judicial Interactions on the European Return Directive: Shifting Borders and the Constitutionalisation of Irregular Migration Governance

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Table of Contents: I. Introduction. – II. “Immigration courts as border zones”: courts and judicial interactions in the field of irregular migration. – III. ”Is it a crime to be a foreigner?”: courts reconfiguring the borders between criminal law and the return directive. – IV. Detention as a tool to “reconfigure and relocate national borders”:...

The EU Readmission Policy to the Test of Subsidiarity and Institutional Balance: Framing the Exercise of a Peculiar Shared Competence

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Table of Contents: I. Introduction. – II. Subsidiarity. – II.1. Subsidiarity and the exercise of the Union’s external competences. – II.2. The Union’s readmission policy to the test of subsidiarity. – III. Institutional balance. – III.1. Institutional balance in the area of readmission according to the Treaties. – III.2. The Union’s readmission...

The Next Phase of The European Border and Coast Guard: Responsibility for Returns and Push-backs in Hungary and Greece

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Table of Contents: I. Introduction. – II. Agencies and agencification. – III. Engagement in Greece in light of push backs and suspension of asylum law. – IV. Involvement at the Hungarian-Serbian border. – V. Expanding competences. – V.1. Standing corps of 10.000 border guards. – V.2. Returns. – VI. Responsibility implications. – VI.1. Liability in...

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