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Carnets européens est heureux d’annoncer la publication dans le Forum européen des Commentaires...
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European Papers - A Journal on Law and Integration, Vol. 7, 2022, No 2
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Carnets européens a le plaisir d’annoncer que le numéro 2 du volume 7, 2022 est maintenant disponible en ligne....
EP-JMN Conference - "Are the EU Member States Still Sovereign States Under International Law?" (15-16 December 2022) – Sapienza University of Rome
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European Papers is pleased to announce that the European Papers Jean Monnet Network ...
European Papers - A Journal on Law and Integration, Vol. 7, 2022, No 1
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Carnets européens a le plaisir d’annoncer que le numéro 1 du volume 7, 2022 est maintenant disponible en ligne....
European Forum Call for Papers: Special Focus on 'The Russian War Against Ukraine and the Law of the European Union'
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After only a few weeks, it has become clear that the war waged by the Russian Federation against Ukraine is reshaping not only the landscape of international relations, but also the European Union. Beyond the tragic devastation, suffering and loss of human life, legal questions abound. Other fora have extensively focused on the international law aspects of this severe crisis...
Derniers Commentaires et Aperçus sur l’Union européenne e l’intégration européenne
The Court of Justice Finally Rules on the Analogical Application of Art. 351 TFEU: End of the Story?
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- 354 vues
Keywords: article 351 TFEU – prior agreements – Member States international obligations – treaty conflict – conflict clause – analogical application.
As is well-known, art. 351 TFUE is a so-called conflict clause within the meaning of art. 30(2) of the Vienna Convention of the Law of Treaties. Conflict rules are common...
The Court of Justice and the Assessment of Double Criminality Under the European Arrest Warrant Framework Decision: KL
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- 434 vues
Abstract: The Court of Justice provided a comprehensive interpretation of the dual criminality requirement under Framework Decision 2002/584/JHA when it handed down its judgment in the KL judgment (case C-168/21 Procureur général près la cour d’appel d’Angers ECLI:EU:C:2022:558). The case at hand raised three intertwined legal...
Adapting Competition Law to the Digital Transition. Two Challenges
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- 637 vues
Abstract: The European responses to the COVID-19 outbreak have triggered an ongoing review process of competition rules and enforcement procedure to support the Union’s priorities. In this context, the European Commission published the Communication ‘A Competition Policy Fit for New Challenges' with the aim of underlining the ability of competition...
Disorder and Discipline: The ECB’s Transmission Protection Instrument
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- 958 vues
Abstract: In the asymmetric Economic and Monetary Union “market discipline” has played an important and controversial role to compensate for the weakness of the legal framework as regards fiscal affairs. Both as an empirical matter of market behaviour and as a matter of the “no bail-out” clauses of arts 123 and 125 TFEU being effectively undermined...
The EU General Court's 2022 Intel Judgment: Back to Square One of the Intel Saga
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- 1418 vues
Abstract: The latest judgment of the General Court in the Intel case annulled the EU Commission’s decision from 2009 imposing a €1.06 billion fine on Intel for abusing its dominant position by offering fidelity rebate schemes (case T‑286/09 Intel v Commission ECLI:EU:T:2022:19). The judgment reaffirms the application of an “effects...
The European Commission’s Instrumentalization Strategy: Normalising Border Procedures and De Facto Detention
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- 1159 vues
Abstract: The global reform of the EU migration policy envisaged in the New Pact on Migration and Asylum is stalling. The increased number of arrivals from Belarus gave the European Commission the opportunity to change its approach in attempting to reform the European migration management. The Belarus crisis, influenced by the active involvement of...
Decentralized Finance and EU Law: The Regulation on a Pilot Regime for Market Infrastructures Based on Distributed Ledger Technology
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- 1527 vues
Abstract: The decentralized issuance of financial instruments is presently problematic under EU law. This situation will change with the entry into force of the Regulation on a pilot regime for market infrastructures based on distributed ledger technology. The Regulation provides for a regulatory sandbox – the pilot regime – that market operators...
Protecting Borders or Individual Rights? A Comparative Due Process Rights Analysis of EU and Member State Responses to ‘Weaponised’ Migration
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- 1547 vues
Abstract: In recent years the EU and its Member States have claimed to be increasingly targeted by “weaponised” migration. Due to the contemporary sensitivity of migration-related issues in the EU, neighbouring states are supposedly using the threat of increased migration to force the Union’s hand in other policy areas. Below, several recent...