Table of Contents: I. Introduction. – II. La confiance mutuelle face aux violations des valeurs européennes. – II.1. La mise en place de la confiance mutuelle dans la coopération judiciaire pénale comme base constitutionnelle de la reconnaissance mutuelle. – II.2. L’exception d’ordre public à la reconnaissance mutuelle: entre ordre public national...
Table of Contents: I. A brief journey to the world of minimum rules. – I.1. The origins of minimum rules. – I.2. The current legal framework. – II. Orchestrating the harmonisation of procedural criminal norms in the EU. – III. Minimum rules and the question of national discretion. – IV. Raising barriers to national discretion. – V. Conclusion....
Table of Contents: I. The importance of defining the concept of an “issuing judicial authority". – II.The unclear purpose of modifying the definition of an “issuing judicial authority” in the second draft Framework Decision on the EAW – III. The broad concept of an “issuing judicial authority” in the case law of the Court of Justice. – IV. The...
Table of Contents: I. EU law and revision. – II. The nature of revision and (Western) European grounds. – II.1. The nature of revision: striking a balance between legal certainty and justice. – II.2. Different approaches on the grounds for revision in (Western) Europe. – III. Harmonisation of criminal revision procedure law. – III.1. Competence for...
Table of Contents: I. A principle of European law. – II. Building coherence across European legal systems. – II.1. The challenging construction of compatible European standards. – II.2. The problem of the idem: what is criminal? – III. The attempted compromise. – IV. The revived schism. – V. Conclusion.
Abstract...
Part I of this Editorial dealt with the interrelation between representation and taxation reflected in the measures adopted or envisaged by the EU institutions to face the COVID-19 pandemic. It argued that a more courageous approach in each phase of this virtuous circle could have significantly enhanced the legitimacy of the Union as an entity expressing the...
Table of Contents: I. Introduction: the Special Section and the MELA Project. – II. Mnemonic constitutionalism and a wider challenge of mnemocracy. – III. Mnemonic constitutionalism in Hungary. – IV. Mnemonic constitutionalism in Poland. – V. Conclusions.
Abstract: This Article summarizes...
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...
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...
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...
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