Abstract: This Insight contains an overview of the measures through which EU institutions and organs financially contribute to the response to the Covid-19 crisis. Measures address direct support to public health and to humanitarian aid, research, and economic and social consequences of the crisis. The response is the most diverse, as it...
Table of Contents: I. Introduction. – II. The “reforms” of the national council of judiciary and the Supreme Court. – III. The Court of Justice judgment. – IV. The EU-friendly face of the Supreme Court. – V. The restrained face of the Supreme Court. – VI. Conclusions.
Abstract: The present ...
Table of Contents: I. Introduction. – II. European Union: a democratic or a political deficit? – III. Conceptualizing accountability. – IV. Mechanisms of accountability in the EU and the EP elections. – IV.1. EU complexities. – IV.2. The deficiencies of electoral accountability. – V. Conclusion: from legitimacy to authority. – VI. Acknowledgments....
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...
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...
Table of Contents: I. Introduction. – II. Fundamental values and the Treaties of Lisbon. – II.1. Which values, and which status or role? – II.2. The EU’s limited competences to act upon, and enforce, its values. – II.3. How common and deep are the Union’s values? – III. Compliance with Art. 2 TEU at the stage of accession. – IV. Enforcement of Art....
Abstract: In a recent Article published in this Journal, Gareth Davies draws a parallel between European citizens as fashioned by EU law and pre-war Europe's Jews (G. Davies, How Citizenship Divides: The New Legal Class of Transnational Europeans, in European Papers, Vol. 4, 2019, No 3,...
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,...
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 “...
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...
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...
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...
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.
...
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....
Table of Contents: I. Introduction. – II. The Treaty of Paris and the introduction of supranationality. – III. The idea of legitimacy as legality in the Treaty of Rome. – IV. Mechanisms for legitimacy through democratic rule in the Treaty of Rome. – V. Concluding remarks.
Abstract: This Article...
Table of Contents: I. The disconnection between the loci of authority and those of democratic control. – II. The competence problem in the Union. – III. Reconciling Europe with its citizens through democracy and rule of law. – IV. Scope and contents.
Abstract: One of the main problems the Union has...
Carnets européens a le plaisir d’annoncer que le numéro 1 du volume 5, 2020 est maintenant disponible en ligne....
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...
Table of Contents: I. Introduction. – II. The case of Berlioz: towards transnational judicial review. – III. Transnational judicial review and the constitutional law of the Union. – III.1. The right to an effective judicial remedy. – III.2. Other principles of constitutional law of the Union. – IV. The case of Donnellan: one step...
Table of Contents: I. Introduction. – II. The Compacts and the practical arrangements for the return of irregular migrants and their impact on the principle of institutional balance. – III. The Compacts with countries hosting refugees: the context of their adoption and their legal nature. – IV. The integration of refugees in the job market of the...
Table of Contents: I. Introductory remarks. – II. The governance of historical memory in Europe. – III. The rule of law. – VI. Memory governance and the rule of law. – V. Concluding remarks.
Abstract: The legal governance of historical memory in Eastern and Central Europe has grown exponentially...
Table of Contents: I. Historians against memory laws. – II. Historical memory and criminal law. – III. Universal values and particularistic memories. – IV. Populism and memory in Eastern Europe – V. Concluding remarks.
Abstract: This Article examines historians’ protests against memory...
Table of Contents: I. Introduction. – II. Dealing with the communist past: the Ukrainian case. – II.1. Ukraine’s waves of decommunization. – II.2. Ukrainian memory laws: the decommunization package. – III. Ukraine in the European memory wars. – VI. Conclusions.
Abstract: In April 2015, Ukraine...
Table of Contents: I. Introduction. – II. Historical background. – III. The ruling of the Constitutional Court of Lithuania of 18 March 2014 and the judgment of the Grand Chamber of the European Court of Human Rights in the case of Vasiliauskas v. Lithuania – their impact on the case-law of the Lithuanian courts in the genocide cases – III....
Table of Contents: I. Introduction. – II. Historical constitution. – III. Constitutional identity. – IV. Christian culture. – V. History and interpretation. – V.1. Achievements of the historical constitution. – V.2. Constitutional identity. – V.3. Christian culture. – VI. Conclusion: partisan tendencies and neutralising efforts....
Abstract: In order to manage the COVID-19 pandemic, several EU Member States have decided to use contact tracing apps, which can display different characteristics: some of them rely on Bluetooth technology, while others on GPS location; some of them adopt a decentralised approach in data collection, while others a centralised approach. The present...
Carnets Européens est heureux d'annoncer le lancement d'un Dossier spécial sur le COVID-19 et l'EU, sous la...
Abstract: The European Commission has used soft law instruments to tackle the COVID-19 crisis. In so doing, it not only tried to accommodate the emergency within the flexibilities inherent in EU law, but it also assumed, along with national authorities, its own share of responsibility to respond to economic and public health issues. By taking as a...
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