Europe at War

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On the 1st of March, speaking in front of the European Parliament, the President of the European Commission, Ms. Von der Leyen, delivered an engaging statement: “our Union, for the first time ever, is using the European budget to purchase and deliver military equipment to a country that is under attack” (European Commission, Speech by President von der Leyen at the European...

Integrating Macroeconomics into the EU Single Legal Order: The Role of Financial Stability in Post-crisis Europe

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Table of Contents: I. Introduction to the Special Section: EMU law and its relevance for the EU legal order. – II. Theoretical premise: studying the EU legal order in the context of European integration. – III. The origin of the autonomous EU legal order: the symbiosis between law and microeconomic integration. – III.1. The...

The EMU Rationale for Capital Markets Union

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Table of Contents: I. Introduction. – II. Objectives in documents. – III. Legislative momentum. – IV. Legislative process and content. – V. Conclusion.

Abstract: Capital Markets Union (CMU) is a plan towards a single market for capital in the EU. While the plan is not limited to the euro area, some...

The Delegation of Powers to EU Agencies After the Financial Crisis

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Table of Contents: I. Introduction. – II. The issue of delegation under the system of the Treaties. – III. Rule-shaping by EU agencies in the financial markets. – III.1 Participation in the executive rulemaking of the Commission. – III.2 Harmonisation through soft law. – IV. Legality and delegation after the financial crisis. – V....

The Sui Generis Framework for Implementing the Law of EMU: A Constitutional Assessment

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Table of Contents: I. Introduction. – II. Key features of the general framework of implementing and adapting EU law. – III. Sui generis aspects of the framework governing the implementation of the law of EMU. – III.1. The ECB’s implementing function under SSM. – III.2. Enforcement as a separate executive function from implementation under...

The Parliamentary Accountability of EMU Decisions: Between Informality and Fragmentation

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Table of Contents: I. Introduction. – II. Guaranteeing democratic accountability within the EU. – II.1. Democratic accountability in today’s EU. – II.2. Persistent shortcomings in the accountability framework post-Lisbon. – III. Democratic accountability of EMU decisions. – III.1. EMU decision-making procedures and their characteristics. – III.2....

ECB Decision-making Within the Banking and Monetary Union: The Principle of Confidentiality on Its Way Out?

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Table of Contents: I. Introduction. – II. The ECB’s transparency exceptionalism within the EU constitutional framework. – II.1. Confidentiality as a necessary governance tool for ECB monetary policy. – II.2. Extending the same confidentiality approach to ECB prudential supervision. – II.3. The compatibility of ECB monetary policymaking...

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. –...

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...

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European Forum

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Forum Européen

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Forum europeo

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Foro Europeo