e-Journal
- 922 visualizzazioni
Aleksei Petruhhin: Extradition of EU Citizens to Third States
e-Journal- 852 visualizzazioni
Table of Contents: I. Introduction. – II. Facts and legal background of the case. – III. Extradition of an EU citizen to a third State in light of Art. 18 TFEU. – III.1. Introduction. – III.2. Does extradition of EU citizens to third States on a basis of a bilateral agreement with the Member State fall within the EU law domain? – III....
A Question of Jurisdiction: Art. 267 TFEU Preliminary References of a CFSP Nature
e-Journal- 1044 visualizzazioni
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...
Scotland’s Place in Europe After Brexit: Between a Rock and a Hard Place? A Legal Scoping Exercise
e-Journal- 1099 visualizzazioni
Table of Contents: I. Introduction. – II. Background: Scotland’s place in the UK. – III. Scotland as part of the UK: the legal options around a special deal. – III.1. EU membership for Scotland as part of the UK? – III.2. Scotland in the single market as part of the UK? – IV. Scotland as an independent country. – IV.1. The path to an independence...
Art. 50 TEU: A Well-Designed Secession Clause
e-Journal- 1517 visualizzazioni
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....
“Only You”: The Emergence of a Temperate Mutual Trust in the Area of Freedom, Security and Justice and Its Underpinning in the European Composite Constitutional Order
e-Journal- 1118 visualizzazioni
Table of Contents: I. Introduction: one or many faces of mutual trust in European integration? – II. The (slow but steady) emergence of a temperate mutual trust in the AFSJ: considerations from N.S., Aranyosi and C.K. – III. “Only You”. Why only a temperate understanding of mutual trust is in harmony with the European...
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
e-Journal- 1393 visualizzazioni
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...
Mutual Recognition and Mutual Trust in the Internal Market
e-Journal- 2158 visualizzazioni
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...
Mutual Trust Before the Court of Justice of the European Union
e-Journal- 4600 visualizzazioni
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...
The Council v. Front Polisario Case: The Court of Justice’s Selective Reliance on International Rules on Treaty Interpretation (Second Part)
e-Journal- 1589 visualizzazioni
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-...
Europe and Syria: Diplomacy, Law and War
e-Journal- 919 visualizzazioni
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...
In Search of a Role to Play: The EU and the War in Syria
e-Journal- 1080 visualizzazioni
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...
Towards a Uniform Standard of Protection of Fundamental Rights in Europe?
e-Journal- 2229 visualizzazioni
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,...
European Papers - A Journal on Law and Integration, Vol. 2, 2017, No 1
News- 541 visualizzazioni
Quaderni europei ha il piacere di annunciare che il suo fascicolo n. 1 del volume 2, 2017 è ora disponibile online....
“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- 1078 visualizzazioni
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.
...
The Child’s Right to Be Heard in the Brussels System
e-Journal- 1098 visualizzazioni
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.
...
L’office du juge interne pour moduler les effets de l’annulation d’un acte contraire au droit de l’Union. Réflexions sur l’arrêt Association France Nature Environnement du Conseil d’Etat français
Insight- 2703 visualizzazioni
Abstract: This Insight focuses on the decision Association France Nature Environnement (judgment of 3 November 2016, n. 360212) adopted by French Conseil d’Etat on the basis of a preliminary ruling of the Court of Justice. The combined effect of the two decisions – the preliminary ruling of the Court of Justice (judgment of 28 July...
