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 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 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 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 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...

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...

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...

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European Forum

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Forum Européen

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