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...

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...

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...

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...

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....

No Preliminary References from Dutch Overseas Judges: Is It Tambu or Tumba Dancing with the Court of Justice?

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Table of Contents: I. Introduction. – II. Study design and research method. – III. Dutch Caribbean case law and legislation concerning EU law. – IV. OCT judge opinions on preliminary reference. – V. Conclusion.

Abstract: Under EU law, parts of several Member States are characterised as Overseas...

Lawyering Eurolaw: An Empirical Exploration into the Practice of Preliminary References

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Table of Contents: I. Introduction. – II. A European opportunity structure. – III. Lawyers and references: an unexpected task. – III.1. Allocating resources. – III.2. Going to Luxembourg. – III.3. Legal aid and references. – III.4. Lawyers’ motivation. – III.5. The “language” of EU law. – III.6. The significance of the hearing. – III.7. The ways of...

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