Institutionalising Solidarity: A Genuine Challenge for Europe

e-Journal

Table of Contents: I. Introduction. – II. A remarkable piece of scholarship for the conceptual approach chosen. – III. Reflecting on the foundational concept: the centrality of collective bargaining.

Abstract: In Solidarity and Conflict (Cambridge: Cambridge University Press, 2018),...

Regulating Tax Competition in the Internal Market: Is the European Commission Finally Changing Course?

e-Journal

Table of Contents: I. Introduction. – II. Tax competition and the EU internal market: from beneficial to ever more dangerous. – II.1. The place of tax provisions in the EU internal market setup. – II.2. Tax competition within the EU internal market. – II.3. Current position: “aggressive” tax competition calls for EU intervention. – III. Overcoming “...

Do Environmental Rules and Standards Affect Firms’ Competitive Ability?

e-Journal

Table of Contents: I. The economic background. – II. Economics v. law: a different approach. – III. The evolution of EU environmental law: from a neo-classical vision to the precautionary principle. – IV. The intensity of EU environmental protection and its capability to affect EU firms’ ability to compete. – V. Main features of...

Free Movement of Persons in the EU v. in the EEA: Of Effect-related Homogeneity and a Reversed Polydor Principle

e-Journal

Table of Contents: I. Introduction. – II. The incorporation of Directive 2004/38 into EEA law: legal framework. – III. The meaning of the reservation according to the EFTA Court’s obiter dictum in Wahl. – IV. Other EFTA Court case law on Directive 2004/38 in the EEA context. – IV.1. Unproblematic in the present writer’s...

The Right to Participate in the European Elections and the Vertical Division of Competences in the European Union

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Table of Contents: I. Introduction. – II. An enforceable right to participate in European elections. – III. The broad scope of application of the right to participate in European elections vis-à-vis Member States. – III.1. A right applicable to Member States. – III.2. A right applicable in purely internal situations. – IV. The right to...

Distinguishing Between Use and Abuse of EU Free Movement Law: Evaluating Use of the “Europe-route” for Family Reunification to Overcome Reverse Discrimination

e-Journal

Table of Contents: I. Introduction. – II. Reverse discrimination: colliding constitutional principles in EU law. – III. Abuse of EU law: definition and background. – IV. Abuse in the context of family reunification rights. – V. The case-law of the Court of Justice on family reunification law abuse. – VI. The Commission Communication with guidelines...

The “Dano Evolution”: Assessing Legal Integration and Access to Social Benefits for EU Citizens

e-Journal

Table of Contents: I. Introduction. – II. A five-step evolution: integration, lawful residence and social benefits. – II.1. Step 1: the early cases. – II.2. Step 2: the reign of vague legal formulas. – II.3. Step 3: the Förster judgment as a turning point. – II.4. Step 4: Ziółkowski & Szeja and the (new) dominance of Directive...

Extra Unionem Nulla Salus? The UK Withdrawal and the European Constitutional Moment

e-Journal

It is possible that the 29th of March 2019 will be considered as the date on which the Union has ceased to be a quarrelsome community of sovereign States and has become a community of destiny.

This may well occur if, on that date, EU law will cease to apply to the UK, thus transforming the withdrawal of that State into a disorderly and...

EU Citizenship as a Means of Empowerment for Fundamental Rights During the Financial Crisis

e-Journal

Table of Contents: I. Introduction. – II. Setting the scene: legal characteristics of the “triangular” fundamental rights protection system. – III. The modern protection of fundamental rights. – IV. The Court’s “substance of the rights” doctrine. – V. The way forward: taking the “substance of the rights” doctrine a step further. – V.1. Delimiting...

The Pernicious Influence of Citizenship Rights on Workers’ Rights in the EU: The Case of Student Finance

e-Journal

Table of Contents: I. Introduction. – II. The perplexing extension of “sufficient links” tests to frontier workers’ social advantages. – II.1. A questionable but minor initial development. – II.2. A problematic extension to student finance. – II.3. A clear break with established case law and secondary law. – III. A contentious “investor’s approach”...

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