- 882 vues
The European Union in Crisis: What Should the Member States Do?
- 1224 vues
Table of Contents: I. Introduction – II. The persistence of serious crises – III. The feasibility of three suggested options for the future of Europe – IV. Some comments on the current political reality – V. My personal suggestions – VI. Conclusion.
Abstract: The European Union has suffered for...
Regional Groups in the European Union: Mapping an Unexplored Form of Differentiation
- 1777 vues
Table of Contents: I. Introduction. – II. Defining BURGs. – II.1. Institutionalized cooperation. – II.2. Currently active. – II.3. Only current EU member states. – II.4. Institutional separation from the EU. – II.5. Geographical proximity. – III. Comparing BURGs: Key variables. – III.1. Longevity, pre- or post-accession. – III.2. Institutional...
The Rule of Law in the EU: Crisis, Differentiation, Conditionality
- 1088 vues
Table of Contents: I. Introduction. – II. Differentiation: From pragmatic problem-solving to mode of governance. – II.1. Differentiated governance: The normalization of disintegration. – II.2. Getting to “a community of values and of laws”. – III. The rule of law crisis: From dialogues to conditionality. – III.1 Muddling through political dialogue:...
Usual and Unusual Suspect in Protecting EU Values: An Introduction
- 1730 vues
Table of Contents: I. Protecting EU values: The state of affairs. – II. Protecting EU values: The debate. – III. The Special Section. – IV. The contributions.
Abstract: This Article introduces the Special Section “Usual and Unusual Suspects: New Actors, Roles and...
Judicial Responses to Autocratic Legalism: The European Court of Justice in a Cleft Stick?
- 1823 vues
Table of Contents: I. Introduction. – II. Autocratic legalism: a threat to the ECJ’s authority. – II.1. Autocratic counter-interpretations of Union law. – II.2. An autocratic contestation of the ECJ’s authority. – III. A constitutional response to a crisis of values. – III.1. A dynamic response to the formalism of autocratic legalism. – III.2. A...
The Rise and Fall of Rule of Law Conditionality
- 1690 vues
Table of Contents: I. Introduction – II. The road to rule of law conditionality – III. How the rule of law conditionality regulation became an instrument of budget conditionality – III.1. The conditionality mechanism in Regulation 2020/2092 – III.2. Article 322(1) TFEU as the correct legal basis – III.3. Sufficiently direct link – III.4. Alleged infringement of art. 7...
Beyond the Rule of Law Conditionality: Exploiting the EU Spending Power to Foster the Union’s Values
- 1575 vues
Table of Contents: I. Introduction. – II. Protecting EU values through ESI funds: The new fundamental rights “enabling conditions”. – III. Decentralising the “politics of values”: The potential of the Justice, Rights and Values Fund. – IV. The Recovery and Resilience Facility: Shaping Europe’s recovery in line with EU values. – V. Conclusions....
Peer Reviewing the Rule of Law? A New Mechanism to Safeguard EU Values
- 1318 vues
Table of Contents: I. Situating the topic. – II. Dealing with rule transgressions. – II.1. Instrumentalist and normative approaches. – II.2. The potential of peer reviews. – III. What is wrong with the current approaches? – III.1. The Article 7 procedure and the rule of law framework. – III.2. The budget conditionality mechanism. – III.3. The...
Convulsive Direct Effect?
- 1883 vues
In spite of overflowing case law and an incessant scholarly debate, the doctrine of direct effect still delivers fresh surprises. The last in time is a mysterious tripartite statement included in Thelen Technopark ECLI:EU:C:2022:33 (commented by J Lindeboom, ‘Thelen Technopark and the Legal Effects of the Services Directive in Purely Internal and Horizontal Disputes...