Autonomy: The Central Idea of the Reasoning of the Court of Justice

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Table of Contents: I. Introduction. – II. The concept of autonomy beyond a jurisdictional claim. – III. Autonomy as a source of coherence. – IV. Autonomy’s omnipresence in the case law of the Court. – IV.1. Autonomy operating visibly. – IV.2. Autonomy not explicitly mentioned but operating actively. – IV.3. Autonomy as a silent undercurrent. – V....

On Metaphor and Meaning: The Autonomy of EU Legal Order Through the Lens of Project and System

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Table of Contents: I. Introduction – II. Cultural analysis, metaphor and the imageries of project and system – III. Autonomy and project and system in EU law – III.1. The EU legal order as the ECJ's project to create a system – III.2. The EU legal order as construction and body – III.3. Autonomy as the immanent principle of EU legal order – IV. The...

The Autonomy of the EU Legal Order: The Case of the Energy Charter Treaty

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Table of Contents: I. Introduction. – II. Normative autonomy as the very foundation of the EU legal order. – III. Regulatory autonomy. – IV. The Energy Charter Treaty (ECT). – IV.1. Substantive tensions. – IV.2. A clash with normative autonomy? – IV.3. Limiting regulatory autonomy? – V. The reformed text of the ECT. – VI. The dark side of the EU’s...

The Value of Democracy in EU Law and Its Enforcement: A Legal Analysis

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Table of Contents: I. Introduction. – II. Democracy as a value of EU Law. – II.1. The development of the value of democracy in the European Union – II.2. The value of democracy in art. 2 TEU and the Copenhagen criteria – III. The value of democracy beyond art. 2 TEU. – III.1. Right to vote and to stand as a candidate – III.2. Art. 10 TEU – III.3....

The Ne Bis in Idem Principle in the Age of Balancing

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Table of Contents: I. Dual-track proceedings and the current scope of protection. – II. The need for a clear notion of “idem”. – III. The “sufficiently close connection in substance and time”: ECtHR case-law post A and B v Norway. – IV. The “sufficiently close connection in substance and time”: the unspoken balancing act engaged in by the...

The EU Green Deal and the Transformations of the European Administrative System: Does the 'Epistemic Leadership' of the Scientific Advisory Board Push the Agency Model over the Sunset Boulevard?

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Table of Contents: I. Setting the scene. – II. The (more than) discreet charm of EU agencies. – III. The evolution of the European regulatory space: the EU Green Deal as a transformative project. – IV. The European Environment Agency within the institutional architecture of the Green Deal: role and functions. – V. The EU Scientific Advisory Board on...

The Externalisation of EU Migration Policies in Light of EU Constitutional Principles and Values: Reconciling the Irreconcilable? An Introduction to the Special Section

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Abstract: In recent years, the European Union (EU) has substantially intensified its activities directed at externalising border/migration management towards the territories of third countries. This specific model of EU migration management is often realized at the expense of democratic scrutiny, judicial supervision, transparency and, most...

EU External Cooperation on Migration: In Search of the Treaty Principles

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Table of Contents: I. Introduction. – II. The EU Treaty as guidance for rule of law, democracy and fundamental rights. – II.1. Constitutionalisation of the EU values. – II.2. Guidance for the Member States. – II.3. Guidance for the EU. – II.4. Guidance for the external dimension of EU action. – III. External dimension of EU asylum and migration...

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European Forum

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Forum Européen

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Forum europeo

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Foro Europeo