“Clash of Titans 2.0”. From Conflicting EU General Principles to Conflicting Jurisdictional Authorities: The Court of Justice and the Danish Supreme Court in the Dansk Industri Case

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Table of Contents: I. Introduction. – II. The Danish Supreme Court’s reasoning. – III. The ‘selective’ supremacy of EU law according to the Danish Supreme Court: is it time to reaffirm Costa v. ENEL? –  IV. The horizontality of the EU Charter of Fundamental Rights. – V. Conclusion. 

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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 Child’s Right to Be Heard in the Brussels System

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Table of Contents: I. Introduction. – II. Child’s right to be heard in human rights treaties. – III. Child’s right to be heard in the Brussels IIa Regulation. – IV. Child’s right to be heard in Member States’ procedural laws. – V. Child’s right to be heard in the Brussels IIa Recast Proposal. – VI. Conclusions.

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The Charter of Fundamental Rights in the Context of International Instruments for the Protection of Human Rights

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Table of Contents: I. Introduction. – II. The role of the ECHR in the interpretation of the Charter. – III. The role of international instruments other than the European Convention. – IV. The interpretation given by the relevant treaty body. – V. The effects of international instruments on the level of protection.

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Possibilities and Challenges of the EEA as an Option for the UK After Brexit

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Table of Contents: I. The EEA as an alternative post-Brexit? – II. Approaching the challenge of dynamic homogeneity. – III. Legislative sovereignty. – IV. Judicial sovereignty. – V. Changes in the EU Treaties. – VI. Conclusions.

Abstract: During the period leading to the actual Brexit, the UK will have to negotiate new arrangements for...

On the Content and Scope of National and European Solidarity Under Free Movement Rules: The Case of Golden Shares and Sovereign Investments

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Table of Contents: I. Introduction. – I.1. Structure and aims of the analysis. – I.2. Public services, strategic industries and socio-economic protectionism: solidarity within the EU and the scope of free movement rules vis-à-vis EU and non-EU investors. – II. Intra-EU investments and golden shares. – II.1. Public services, social...

Respondent Status and Allocation of International Responsibility Under EU Investment Agreements

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Table of Contents: I. Setting the scene. – II. Analysis of the legal framework set out in EU investment agreements. – III. The role of the claimant and of the arbitral tribunal: is there a possibility to set aside the determination of the respondent made by the EU? – IV. The regulation on financial responsibility. – V. Conclusions.

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Regulatory Trust in EU Free Movement Law: Adopting the Level of Protection of the Other?

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Table of contents: I. Introduction. – II. The constitutional life of mutual trust. – III. Of regulatory trust and mutual recognition. – III.1. Clarifying the invisibility of mutual trust. – III.2. The normativity of regulatory trust. – IV. Adopting or rejecting the level of protection of the other. – IV.1. Mutual recognition and the conundrum...

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