External Migration and Asylum Management: Accountability for Executive Action Outside EU-territory

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Table of Contents: I. Introduction. – II. EU visa policy. – II.1. Judicial review of decisions. – II.2. Judicial review in case of representation. – II.3. Humanitarian visa. – II.4. The extra-territorial applicability of the Charter. – III. Refugee resettlement. – III.1. EU Resettlement initiatives. – III.2. Resettlement in the refugee crisis. – III...

External Participants v. Internal Interests: Principles of EU Administrative Law in Anti-dumping Investigations

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Table of Contents: I. Introduction. – II. Discretion or clear rules? The “fundamental importance” of the administrative law framework. – III. Interests involved in anti-dumping policy-making. – III.1. Decision to initiate investigations. – III.2. Decision on anti-dumping duties. – IV. Three functions of participation. – IV.1. Mechanism to collect...

The Extraterritorial Reach of EU Environmental Law and Access to Justice by Third Country Actors

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Table of Contents: I. Introduction. – II. The legal phenomenon of IEMEIs. – II.1. IEMEIs regulating conduct abroad on the basis of environmental regulatory requirements. – II.2. IEMEIs regulating trade: market access conditions and obligations on Third Country actors. – II.3. Compliance with IEMEIs: “contingent unilateralism”, equivalence and...

The External Administrative Layer of EU Law-making: International Decisions in EU Law and the Case of CETA

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Table of Contents: I. The international regulation of public goods: legal challenges. – II. International decisions by CETA bodies. – III. Decisions of international bodies: a source of EU law. – IV. The external administrative layer of EU law. – IV.1. Interpretative effects: validating EU law. – IV.2. Authoritative international decisions. – IV.3....

Introduction: The New Frontiers of EU Administrative Law and the Scope of Our Inquiry

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Table of Contents: I. The EU as a global administrative actor. – II. Development of EU administrative law and external relations: setting the scene. – III. Administrative action as instrumental action in external relations. – IV. Accountability: actors, fora and different types of act. – V. Mapping administrative action in EU external...

The Thousand Cataluñas of Europe

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Irrespective of the perspective from which one looks at the Catalonian events, which are still unfolding under our incredulous eyes, the impression can only be univocal: Spain is right and Catalonia is wrong. The claim of the Spanish Government to preserve the unity of the nation is well founded; conversely, the independence proclaimed by the Catalonian Government amounts to...

“Effective Judicial Review Is of the Essence of the Rule of Law”: Challenging Common Foreign and Security Policy Measures Before the Court of Justice

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Table of Contents: I. Introduction. – II. The legal framework. – III. Limiting the Court’s jurisdiction. – IV. The Exception: judicial review of CFSP acts. – V. Grounds for and intensity of review. – VI. Conclusion.

Abstract: This Article discusses the role of the Court of Justice in...

Towards a Uniform Standard of Protection of Fundamental Rights in Europe?

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The multiplicity of systems of protection of fundamental rights is certainly a badge of honour for Europe. At present, there are no less than three general instruments of protection applicable to the territories of the Member States: the European Convention of human rights, the Charter of fundamental rights and the plethora of national bills of rights. Their coexistence,...

Art. 50 TEU: A Well-Designed Secession Clause

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Table of Contents: I. Introduction. – II. The problem of unilateral secession and withdrawal. – III. Does the right to unilateral secession/withdrawal matter? – IV. The EU’s unity in withdrawal negotiations. – V. The not-so-unilateral character of withdrawal under Art. 50 TEU. – V.1. Obligation to promptly activate the withdrawal procedure. – V.2....

The Interaction Between Mutual Trust, Mutual Recognition and Fundamental Rights in Private International Law in Relation to the EU’s Aspirations Relating to Contractual Relations

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Table of contents: I. Introduction. – II. The European Union’s aspirations relating to contractual relations. – II.1. Context: competences to regulate civil matters. – II.2. First-pillar aspirations: contractual relations and the internal market. – II.3. Third-pillar aspirations: contractual relations and the area of freedom, security and justice...

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