Table of Contents: I. Introduction – II. The main options considered by the negotiators – II.1. Introduction – II.2. A “reattribution mechanism” to ensure that EU Member States are exclusively responsible for CFSP conduct outside the scope of CJEU jurisdiction – II.3. An “interpretative declaration” to extend the CJEU’s jurisdiction over the CFSP –...
Table of Contents: I. Introduction. – II. Preparing the ground for another attempt? The judicial dialogue between the CJEU and ECtHR since Opinion 2/13 – III. Negotiating the Revised Draft Accession Agreement. – IV. Appraising the Revised Draft Accession Agreement. - V. Conclusion.
Abstract...
Table of Contents: I. Introduction. – II. Attribution of conduct and the European Court of Human Rights case-law on international organisations. – II.1. European Court of Human Rights review of MS-attributed conduct. – II.2. European Court of Human Rights review of IO-attributed conduct. – III. The European Court of Human Rights’ first stab at the...
Abstract: In its judgment of 13 February 2019 in the case of Tomanović et.al. v. the European Union et.al., the English High Court of Justice dismissed several claims based on human rights violations by EULEX Kosovo. Although the High Court’s dismissal was ultimately based on the lacking incorporation of the Treaty provisions on the Common...
Keywords: CJEU – Common Foreign and Security Policy – seconded staff – jurisdiction – attribution – European Union Police Mission in Bosnia and Herzegovina (EUPM bih).
On 19 July 2016 the Grand Chamber of the CJEU issued its judgment in case C-455/14 P, H. v. Council et al....
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