e-Journal
- 3468 visitas
Abstract: This note is a brief response to Professor Azoulai's reaction (On Dubious Parallels: The Transnational Europeans and the Jews. A Note on Gareth Davies’ Article, in European Papers, Vol. 5, 2020, No 1, forthcoming,...
Taking the Language of “European Sovereignty” Seriously
e-Journal
- 3283 visitas
Table of Contents: I. Introduction. – II. The weakness of the concept of European (Union) sovereignty. – III. The strengths of the language of “European sovereignty”. – IV. Conclusion.
Abstract: This Insight argues that the rise and spread of the notions of “European sovereignty” and “...
A Sovereign Europe as a Future of Sovereignty
e-Journal
- 3316 visitas
Table of Contents: I. Divorcing sovereignty from the state. – II. The post-traditional conception of sovereignty. – III. A functionally sovereign European Union.
Abstract: Since the Peace of Westphalia sovereign political entities have unexceptionally been States and sovereignty has been thus long...
The Two Faces of European Sovereignty
e-Journal
- 2961 visitas
Table of Contents: I. No European sovereignty... – II. ... But a "Europeanised" (concept of) sovereignty.
Abstract: "European sovereignty" seems at first sight to be a misnomer. The EU is not sovereign in the classical sense of the word. By contrast, it can be argued that the EU transforms national...
European Sovereignty Now? A Reflection on What It Means to Speak of “European Sovereignty”
e-Journal
- 5912 visitas
Table of Contents: I. Introduction. – II. A post-sovereign world. – III. Autonomy: sovereignty in disguise? – IV. European Sovereignty?
Abstract: Spearheaded by French President Emmanuel Macron, the concept of “European sovereignty” is used increasingly often in debates on the role of the EU in the...
EU Autonomy: Jurisdictional Sovereignty by a Different Name?
e-Journal
- 3976 visitas
Table of Contents: I. Introduction. – II. Jurisdictional sovereignty: a core element of an elusive concept. – III. EU autonomy as construed by the Court of Justice. – IV. Jurisdictional sovereignty of the EU as a legal construction. – V. Concluding reflections on the Court’s autonomy conception in context.
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Poland Before the Court of Justice: Limitless or Limited Case Law on Art. 19 TEU?
e-Journal
- 2902 visitas
Table of Contents: I. Introduction. – II. The broad interpretation of Art. 19 TEU. – II.1. An ideal holistic approach to judicial independence. – II.2. The broadening of the material scope of Art. 19 TEU. – III. The paradox of the limited effects of the case law on Art. 19 TEU. – III.1. An unlikely limit: denying Art. 19 TEU direct effect. – III.2....
The Double Face of the Rule of Law in the European Legal Order: An Administrative Law Perspective
e-Journal
- 3091 visitas
Table of Contents: I. The paradox of the European rule of law. – II. The rule of law in the modern State and in the European legal order. – III. The genetic heritage of the rule of law in the European legal order. – IV. Technocratic legitimacy and the progressive construction of a living constitution. – V. Administrative law and constitutional law...
The Dichotomy Between “Input Legitimacy” and “Output Legitimacy” in the Light of the EU Institutional Developments
e-Journal
- 3405 visitas
Table of Contents: I. The dichotomy’s original purposes. – II. The distinction between redistributive and regulatory policies. – III. The financial crisis and the emergence of an EU “twin legitimacy deficit”. – IV. Pringle and Gauweiler as symptoms of the contradictory response to the financial crisis. – V. The pivotal role of...
The European Form of Family Life: The Case of EU Citizenship
e-Journal
- 3170 visitas
Table of Contents: I. Family life as a European legal form. – I.1. Family life and social life: the impotence of European Union law? – I.2. The family as a “form of life”: an existential approach to European Union law. – I.3. Law and forms of European family life: starting with concrete lives. The case of citizenship. – II. The European de-formation...
