The Conference on the Future of Europe and EU Reform: Limits of Differentiated Integration

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Abstract: There is considerable uncertainty about the outcome of the planned Conference on the Future of Europe, especially regarding possible treaty change. This contribution to the Dialogue comments on the possibility of an intergovernmental agreement outside the EU treaty framework on the basis of theoretical and empirical knowledge...

Judicial Hierarchy in the Preliminary Ruling Procedure: Exploring the Relationship Between the First and Second Instance Courts

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Table of Contents: I. Introduction. – II. Debates on cross-court divergences. – II.1. Legal explanation. – II.2. Judicial empowerment and Court competition. – II.3. The role of the judicial organisation. – III. Judicial organisation and the team model. – IV. Data and methodology. – V. Results – V.1. Fact-finding v. law-finding specialisation. – V.2...

Environmental Democracy and Judicial Cooperation in Environmental Matters: Mapping National Courts Behaviour in Follow-up Cases

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Table of Contents: I. Introduction. – II. Mapping judicial cooperation: the unchartered waters of follow-up judgments. – II.1. The criteria for assessing judicial cooperation in follow-up judgments. – II.2. Known categories of judicial cooperation and uncooperation. – II.3. Chartering new waters: Italy and Belgium. – III. Italian and Belgian judges...

Power Talk: Effects of Inter-Court Disagreement on Legal Reasoning in the Preliminary Reference Procedure

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Table of Contents: I. Introduction. – II. Conceptual framework and terminology. – III. Data and research design. – III.1. The dataset. – III.2. Research process. – IV. The Court’s behaviour. – V. The Court’s strategies. – VI. Conclusions.

Abstract: Recent cases of national court rebellion against...

When Two Preliminary Questions Result in One and Half Answers: A 'Constitutional Tragedy' in Four Acts

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Table of Contents: I. Introduction. – II. How the story unfolded: the four acts of the “constitutional tragedy”. – II.1. Act 1: the referring order of the Dutch Council of State. – II.2. Act 2: the referring order of the Tribunal of Milan. – II.3. Act 3: the reply to the Dutch referral. – II.4. Act 4: the reply to the Italian referral. – III. The...

Reforming the EU Outside the EU? The Conference on the Future of Europe and Its Options

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Abstract: This contribution to the Dialogue offers a first analysis of the recent initiative to establish a Conference on the Future of Europe – discussing whether it can become a new model to reform the EU, and if so, how it should be designed to succeed. The contribution examines the technicalities of the EU treaty amendment rules and...

Active or Passive: The National Judges’ Expression of Opinions in the Preliminary Reference Procedure

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Table of Contents: I. Introduction. – II. National court opinion in the preliminary reference procedure. – III. Methods and material. – IV. Results. – IV.1. Active courts: motivations for expression opinions. – IV.2. Passive courts: motivations for not expressing opinions. – V. Passive high court judges? – VI. Concluding discussion....

Defending the Rule of Law or Reality Based Self-defense? A New Polish Chapter in the Story of Judicial Cooperation in the EU

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Table of Contents: I. Introduction. – II. Theoretical framework: why national judges participate in judicial dialogue with the CJEU. – III. Judiciary reforms in Poland 2017-2018: a brief overview. – IV. Preliminary questions as reaction of Polish courts to the judiciary reforms. – V. Defending the rule of law or reality based self-defense...

Irish Courts and the European Court of Justice: Explaining the Surprising Move from an Island Mentality to Enthusiastic Engagement

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Table of Contents: I. Introduction. – II. Research design and literature overview. – III. Legal explanations. – III.1. A stricter application of Cilfit by the Supreme Court. – III.2. The Court of Appeal: a de facto court of final appeal applying Cilfit. – IV. A generational change in knowledge and mentality. – V. Increased...

Overcoming the Single Country Veto in EU Reform?

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Abstract: This contribution to the Dialogue discusses the contribution by Federico Fabbrini, in which he proposes an innovative way forward for the reform of the European Union (F. Fabbrini, Reforming the EU Outside the EU? The Conference on the Future of Europe and Its Options, in European Papers, Vol. 5, 2020, No 2,...

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European Forum

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Forum Européen

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Forum europeo

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Foro Europeo