The Entitlement of the European Union to Exercise Diplomatic Protection: An International Customary Law Perspective

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Table of Contents: I. Introduction: recent trends in the practice of the European Union concerning the protection of European citizens vis-à-vis a third State. – II. The quest for competence: arts 20 and 23 TFEU. – III. The quest for competence: the EU-UK agreements. – IV. The quest for competence: customary law on diplomatic protection. –...

Reasoning, Interpretation, Authority, Pluralism, and the Weiss/PSPP Saga

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Table of Contents: I. Introduction. – II. National courts interpret EU law. – III. German Constitutional Court interprets EU law. – III.1. Surrendering. – III.2. Forgetting. – III.3. Rejecting. – IV. Interpretation, contestation, pluralism. – IV.1. I hear, but I cannot understand. – IV.2. That’s just the way it is. – IV.3. Enter interpretive...

In Limbo: Divergent Conceptualisations of Ill-treatment by European Courts and the Creation of Non-removable Migrants

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Table of Contents: I. Introduction. – II. Art. 3 ECHR as an obstacle to deportation. – II.1. Soering and beyond: absolute protection under the ECHR. – II.2. From inflicted to situational risks: cases of illness and non-refoulement. – II.3. What next? Non-refoulement and non-removability. – III. The scope of subsidiary...

The Misleading Consequences of Comparing Algorithmic and Tacit Collusion: Tackling Algorithmic Concerted Practices Under Art. 101 TFEU

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Table of Contents: I. Preliminary remarks. – II. The increasing attractiveness of cartels in the age of big data analytics. – III. Collusion between rational algorithms: the relation between market transparency and artificial intelligence in a world of big data. – IV. Existing vs created market conditions: tacit collusion or algorithmic...

Sovereign Within the Union? The Polish Constitutional Tribunal and the Struggle for European Values

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On 6 October 2021, the Polish Constitutional Tribunal (CT) delivered its much-awaited ruling in case K 3/21. The Tribunal declared the unconstitutionality of arts 1, 2 and 19 TEU inasmuch as they require that national judges discard the Polish legislation on the organisation of the judiciary; in particular, those provisions which, in the view of the CJEU, place the Polish...

Creating European Public Spheres: Legitimising EU Law Through a Reconfiguration of European Political Parties

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Table of Contents: I. Introduction. – II. The importance of the public sphere for the democratic legitimacy of law. – III. Conceptualising European public spheres. – III.1. Barriers to European public spheres. – III.2. Adaptations at the EU level. – IV. Status quo of European public spheres. – IV.1. Institutions of the EU’s sphere of will...

The EU Response to Terrorist Content Online: Too Little, (Maybe not) Too Late?

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Table of Contents: I. Introduction. – II. The fight against the dissemination of terrorist content online: a substantive framework. – III. The Commission’s proposal on the extension of the EPPO’s competence to terrorist conducts. – IV. The persistent role of Eurojust and Europol as crucial cybersecurity and human rights guardians. – V. Some...

Shaping the Future Towards a Solidary Refugee Resettlement in the European Union

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Table of Contents: I. Introduction. – II. The concept of refugee resettlement. – III. A Union based on solidarity and fair responsibility sharing? – IV. The EU can spur global refugee resettlement. – IV.1. The EU’s competence to adopt legislation in the field of refugee resettlement. – IV.2. The EU can support but not replace EUMS’ administration...

The ECN+ Directive: An Example of Decentralised Cooperation to Enforce Competition Law

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Table of Contents: I. Introduction. – II. The road to the ECN+. – II.1. Regulation 1/2003. – II.2. Success and shortcomings of Regulation 1/2003. – II.3. Actions taken to address the shortcomings. – III. The ECN+ Directive. – III.1. Institutional security of NCAs. – III.2. Harmonised power to investigate and sanction. – III.3. Dissuasive fines. –...

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Forum Européen

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