Table of Contents: I. Introduction. – II. Transatlantic regulatory cooperation outside an FTA structure. – III. FTA structures regulatory cooperation and regulation imperatives: conflict or harmony? – III.1. The changing nature of regulation. – III.2. Compatibility of regulation and FTA structures for regulatory cooperation. – IV. Tighter...
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...
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...
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...
Table of Contents: I. Introduction: the Achmea judgment. – II. The European Commission's assessment and the EU Member States’ position. – III. Potential consequences for existing BITs, CETA and future trade and investment agreements. – III.1. Various forms of applicable law clauses. – III.2. Extra-EU BITs which are silent on the applicable...
Table of Contents: I. Introduction. – II. A delicate good: autonomy of the EU legal order. – III. Consequences for CETA’s Investment Court System. – IV. Intra-EU BITs: national courts as the guardian of the Union of law. – V. Autonomy as an obstacle to the Union submitting to the jurisdiction of international courts or tribunals. – VI. The future of...
Table of Contents: I. Free movement of companies and regulatory competition in the EU: Some introductory remarks. – II. Lack of genuine economic activity in the host State and the application of Treaty rules on freedom of establishment to the transfers of companies. – II.1. An economic activity-based definition of establishment: AG Kokott in ...
Table of Contents: I. Introduction. – II. Jurisdictional competition and the virtues of exit. – III. Democratic competition and the virtues of voice and loyalty. – IV. Too much opening? The EU’s political predicament. – V. Conclusion.
Abstract: Supporters of regulatory competition typically claim...
Table of Contents: I. Back to the beginnings: the origins of a new paradigm. – II. The conceptual gist of the controversy. – III. “Back to the Nation State” or “More Europe”: Wolfgang Streeck v. Jürgen Habermas. – IV. Institutionalising the united in diversity vision. – V. Instead of an epilogue.
Abstract:...
Table of Contents: I. From the legal regulation of cross-border relations to systematic policy and regulatory competition. – II. European Community law as the discipline of cross-border legal relations. – II.1. Community law as the European law of conflict: coordinating public power through law. – II.2. The limits of Community law as European law of...
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