How Citizenship Divides: The New Legal Class of Transnational Europeans

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Table of Contents: I. Introduction. – II. The selective nature of Union Citizenship. – III. The right to live in another Member State. – IV. The right to equal treatment. – V. The family rights of mobile citizens. – VI. Adjudication rights. – VII. Separate, privileged, threatening. – VIII. The logic of Union Citizenship. – IX. Conclusion....

“Getting Brexit Done”: It Is Just the Beginning, not the End

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After 47 years of membership, the United Kingdom has left the European Union at the end of January 2020. Boris Johnson, the UK’s Prime Minister and prominent, if not accidental, face of the Vote Leave camp was at freedom to strike a gong and tick a box on his “to do” list. According to Downing Street 10, Brexit was done and dusted, exactly as promised during the election...

Indications of Settlement Provenance and the Duty of Non-recognition Under International Law

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Table of Contents: I. Introduction. – II. The duty of non-recognition: the Commission’s Interpretative Notice versus the Court’s judgment. – III. Consumer law and the duty of non-recognition: a poor fit. – IV. Importation of settlement products as implicit recognition. – V. Concluding observations.

Abstract:...

EU Agencies and the Issue of Delegation: Conferral, Implied Powers and the State of Exception

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Table of Contents: I. Introduction. – II. Agencification and the issue of delegation. – II.1. Agencies as delegated entities: overview of the delegated functions. – II.2. Fundamentals of the delegation of powers: Meroni, Romano, and the principle of the institutional balance. – III. The process of agencification and the practice of...

On Constitutional Rights and Political Choices

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Table of Contents: I. Introduction. – II. From rights to policies and the interplay between legislation and case law. – III. Ordinary versus constitutional legislation. – IV. Is EU law over-constitutionalised? – V. Conclusion.

Abstract: The influence of the Court of Justice in the...

The Ne Bis in Idem Principle as a Limit to the Resumption of Competition Proceedings: An Analysis of the Rebar Cartel Saga

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Table of Contents: I. Introduction. – I.1. The perils of parallel proceedings in EU competition law. – I.2. The classification of parallel proceedings and the resumption of proceedings following the annulment of a decision on procedural grounds as an instance of horizontal parallel proceedings. – I.3. The inadequacy of the discretionary...

European External Migration Funds and Public Procurement Law

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Table of Contents: I. Introduction. – II. European Union public procurement law. – III. The three funds. – III.1. Trust Funds. – III.2. The Trust Funds for Syria and Africa. – III.3. The crisis exception in the Trust Fund for Africa. – III.4. Facility for Refugees in Turkey. – IV. Five projects. – IV.1. Civil registries in Mali. – IV.2. Cashews in...

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European Forum

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Forum Européen

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Forum europeo

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Foro Europeo