e-Journal
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A Question of Jurisdiction: Art. 267 TFEU Preliminary References of a CFSP Nature
e-Journal
- 3498 vues
Table of Contents: I. Ambiguity of the Treaties: jurisdiction. – II. Judgment. – III. Analysis.
Abstract: Can the Court of Justice of the European Union assert jurisdiction and provide a national court with an interpretation of Union law in a case referred to it from a national court...
“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
e-Journal
- 3647 vues
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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European Forum (European Papers, Vol. 2, 2017, No 1)
e-Journal
- 3271 vues
Insights
Eduardo Amado Brea, El Sistema Constitucional de la Unión Europea en Liza: Recapitulando el Caso Miller
Gaia Calafiore...
Towards a Uniform Standard of Protection of Fundamental Rights in Europe?
e-Journal
- 4416 vues
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,...
In Search of a Role to Play: The EU and the War in Syria
e-Journal
- 4199 vues
Table of Contents: I. Downward Spiral. – II. Security provider. - III. Humanitarian assistant. – IV. Mediator. – V. Transitional justice supporter.
Abstract: Driven by the recognition that more needs to be done, the Council of Ministers adopted a new EU Strategy for Syria on the eve of the...
Europe and Syria: Diplomacy, Law and War
e-Journal
- 3314 vues
Table of Contents: I. Introduction. – II. A growing fascination with armed force. – III. Reviving the art of peace through law – IV. Conclusion.
Abstract: The conflict in Syria is entering its sixth year with no clear end in sight. EU Member States have a choice – continue or even escalate...
The Council v. Front Polisario Case: The Court of Justice’s Selective Reliance on International Rules on Treaty Interpretation (Second Part)
e-Journal
- 4606 vues
Table of Contents: I. Introduction. – II. The Front Polisario judgment. – III. The Court’s reliance on international rules on treaty interpretation. – III.1. General observations on the Court’s method of treaty interpretation: the Court and the “crucible” approach to treaty interpretation. – III.2. The Court’s reliance on the right to self-...
Mutual Trust Before the Court of Justice of the European Union
e-Journal
- 9606 vues
Table of Contents: I. Introduction. – II. How is the principle of mutual trust applied? – III. What does the principle of mutual trust convey? – IV. The limits of the principle of mutual trust. – V. Final reflections.
Abstract: The principle of mutual trust is not mentioned in the Treaties, but...
Mutual Recognition and Mutual Trust in the Internal Market
e-Journal
- 5447 vues
Table of Contents: I. Introduction. – II. The origins of “mutual trust” as a concept of EU law. – II.1. In Court of Justice case law. – II.2. In legislative documents. – III. Mutual trust v. mutual recognition. – III.1. Mutual recognition and mutual trust: meaning and relationship. – III.2. No obligation of blind mutual trust: conditions and...
