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Carnets européens est heureux d’annoncer la publication dans le Forum européen des Commentaires...
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Call for Papers: European Forum Special Focus on "The Russian War Against Ukraine and the Law of the European Union". The EU in the Face of War
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On February 24, 2022, the Russian Federation launched a so-called special operation aimed at the military invasion of Ukraine. This move was soon widely condemned on the international scene as a blatant violation of Ukraine’s territorial integrity and a most serious breach of peremptory international law prohibiting the use of force in international relations....
EP-JMN Summer School - "EU Values in Times of Crisis: Navigating Challenges and Upholding Unity" (20-23 June 2023) – University of Salamanca
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- 336 vues
European Papers is pleased to announce that the European Papers Jean Monnet Network Summer School ‘EU Values in Times of...
European Papers - A Journal on Law and Integration, Vol. 7, 2022, No 3
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Carnets européens a le plaisir d’annoncer que le numéro 3 du volume 7, 2022 est maintenant disponible en ligne....
European Papers - A Journal on Law and Integration, Vol. 7, 2022, No 2
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- 812 vues
Carnets européens a le plaisir d’annoncer que le numéro 2 du volume 7, 2022 est maintenant disponible en ligne....
Derniers Commentaires et Aperçus sur l’Union européenne e l’intégration européenne
Reshaping the Boundaries Between 'Decision' and Party Autonomy. The CJEU on the Extrajudicial Italian Divorce
Insight
- 411 vues
Abstract: This contribution focuses on the definition of “decision” in divorce matters for the purpose of Brussels IIa and IIb Regulations. Shaping the concepts of “decision” and “court” in EU family matters has become controversial since when extrajudicial divorces have spread around Europe since the early 21st century. In 2022 the CJEU...
Absent Witnesses and EU Law: A Groundbreaking Ruling by the CJEU
Insight
- 424 vues
Abstract: The Insight focuses on case C-348/21 HYA and Others, in which the Court of Justice deals with the admissibility at the trial of the statements of an absent witness questioned at the investigative stage. On the basis of art. 8 Directive 2016/343, the EU judges first derived the right to examine witnesses from the right to...
The Preliminary Ruling Procedure 2.0
Insight
- 882 vues
Abstract: The end of 2022 saw the publication of the proposal for reform of the preliminary ruling procedure, drafted by the Court of Justice of the EU. If the proposal goes through, it will bring about one of the most significant changes in the EU judicial system in its seventy years’ history. In this Insight, I start with an overview of the...
Fairness in the Digital Markets Act
Insight
- 758 vues
Keywords: Digital Markets Act – platform economy – fairness – equity – distribution – legal standard.
The notion of “fairness” is ubiquitous in the Digital Markets Act (“DMA”).[1] Yet, its meaning remains elusive. This piece considers different ways to interpret fairness in the...
Five Surgical Strikes on the Treaties of the European Union
Insight
- 1628 vues
An Unusual Insight: A short premise by the Board of Editors. This is an unusual Insight. It does not look at the existing law of the Union but rather at its possible and auspicious development. It does not ad-dress only the scholarly world, but also the much wider circle of persons interested in the future of the Union. In spite of this feature, or...
Putting Limits on Judicial Creativity: AG Kokott’s Opinion in Commission v CK Telecoms
Highlight
- 616 vues
Keywords: SIEC – non-collusive oligopoly gap – standard of proof – Advocate General – UPP test – horizontal mergers.
On 20 October 2022, Advocate General (AG) Kokott delivered her Opinion in Commission v CK Telecoms.[1] This constitutes a major recent development in the...
PL Holdings case: The Investor Ordered to Pay the Expropriating State's Costs, a New Consequence of Achmea
Insight
- 1157 vues
Abstract: In the Swedish Supreme Court's epilogue to the PL Holdings case, the expropriated company lost all its claims against Poland, which had expropriated it. Applying the case law of the Court of Justice of the European Union (CJEU) on intra-European investment arbitration, the Supreme Court did not merely invalidate the ad hoc...
Simple Abstention and Constructive Abstention in the Context of International Economic Sanctions: Two Too Similar Sides of the Same Coin?
Insight
- 1184 vues
Abstract: Constructive abstention, provided for in art. 31(2) TEU, has been conceived of as an instrument applicable to CFSP acts. As art. 215 TFEU establishes an integrated regime in which CFSP decisions and TFEU regulations are interdependent on each other, the issue arises as to whether the scope of constructive abstention can be extended to...