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Quaderni europei ha il piacere di annunciare che il suo fascicolo n. 1 del volume 6, 2021 è ora disponibile on-line....
Quaderni europei ha il piacere di annunciare che il suo fascicolo n. 1 del volume 6, 2021 è ora disponibile on-line....
Table of Contents: I. Introduction. – II. The preliminary reference of the German Constitutional Court and the preliminary ruling of the Court of Justice. – III. Not ultra vires! The problematic reasoning of the German Constitutional Court. – III.1. The attempt to redefine the methods of interpretation of EU law: The misconstruction of the...
Table of Contents: I. Introduction. – II. Legal structures of military integration and cooperation in the EU. – II.1. The Treaty of Rome (1957): economic Europe as an alternative to the failed European Defence Community. – II.2. After the Lisbon Treaty (2009): strategic autonomy based on national or supranational responsibilities? – II.3. The legal...
Day after day, the project to reform the current worldwide accepted system of corporate taxation is taking shape, commonly referred to as the global tax project.
At the beginning of March, a deal to back this project was reached within the G7. This informal agreement was upheld by the G7 Finance Ministers meeting on June 5, 2021, in London. In the...
Table of Contents: I. Introduction. – II. The case law of the European Court of Human Rights on the responsibility of EU Members States under the European Convention of Human Rights (ECHR). – III. Overview of the internalisation model. – IV. Adaptability of the internalisation model to human rights litigation. – V. Conclusions....
Table of Contents: I. Introduction. – II. The pre-assessment. – II.1. The legal question. – II.2. The Court’s rejection of Article 21 CFR. – III. The Court’s assessment of art. 20 CFR. – III.1. “Within the Union itself”. – III.2. Procedural rights – different differently. – III.3. Substantive rights – equals equally. – IV. An alternative way to make...
Table of Contents: I. Introduction. – II. Questioning art. 47’s role in the Opinion procedure. – II.1. Art. 47’s specific scope of application. – II.2. The specific function of art. 47. – III. Judicial protection standards in the opinion procedure. – III.1. Judicial protection as part of the autonomy claim? – III.2. Judicial protection as part of...
Table of Contents: I. Introduction. – II. Provisions on ethics and qualifications of adjudicators in the new generation FTAs. – II.1. CETA, EUVIPA and EUSIPA: what is across the board? – II.2. Codes of conduct in the Agreements – III. The Opinion 1/17 and the ethics and qualifications of Members of ICS Tribunals. – III.1. The issue raised by Belgium...
Table of Contents: I. Eureka moments. – II. A strict versus a lenient approach: hypotethicals, fictions and cursory analyses. – II.1. Hypotethicals can make the difference between a strict or a lenient approach. – II.2. Fictions and assumptions used as legal arguments. – II.3. Not analysing an issue thoroughly enough. – III....
Table of Contents: I. Introduction. – II. EU and a reformed international investment order. – II.1. Post-Lisbon intra-EU developments and traditional ISDS clauses. – II.2. ISDS Novelty outdated? Commission’s reform agenda and the comprehensive economic and trade agreement with Canada (CETA). – II.3. Main legal issues connected to the new generation...
Table of Contents: I. Introduction. – II. The concept of autonomy. – III. The fundamental aspects of the principle of autonomy in the light of Opinion 1/17. – III.1. Opinion 1/17 and the allocation of competences. – III.2. Opinion 1/17 and the preliminary reference procedure. – III.3. Opinion 1/17 and the control of EU law. – IV. Evaluating the...
Table of Contents: I. Introduction. – II. Autonomy. – III. The principle of equal treatment and effectiveness. – IV. The right of access to an independent tribunal.
Abstract: This Article introduces the Special Section on “Opinion 1/17: Between European and International Perspectives”, by...
Table of Contents: I. Introduction. – II. The cases selected and the content of the dossiers – III. Re-assessing landmark cases.
Abstract: This Article offers an initial reflection on the output of the “Court of Justice in the Archives” project represented by the case studies included in...
Table of Contents: I. Introduction. – II. Meroni and the evolution of EU law. – II.1. Overview of the case. – II.2. The long and contested life of Meroni in EU law. – III. Actors and institutions behind the Meroni judgment. – III.1. Meroni: shedding light on the context and on the economic rationale. – III.2. The...
Table of Contents: I. Introduction. – II. Overview of the case. – III. The dossier(s). – IV. The path not taken. – V. Conclusion. – Annex.
Abstract: Consten and Grundig was fundamental in shaping EU competition law and giving it its distinctive character. Issued...
Table of Contents: I. Introduction. – II. A constitutional moment: admissibility subordinated to competence. – III. The tension between the institutional and the organic visions of Europe: the nature of the contested act. – IV. ERTA and us: contested equilibria between the two visions of Europe? – V. Concluding remarks....
Table of Contents: I. Introduction. – II. The hidden sources in written observations: Dassonville and the EEC’s definition of MEEQR. – II.1. New sources revealed. – II.2. MEEQR as an ongoing discussion in EEC institutions. – III. Behind the CJEU formula, the story of wholesalers and the technicity of trade regulations. – III.1. The...
Table of Contents: I. Introduction. – II. Case overview. – III. Insights from the dossier. – III.1. Documents in the dossier. – III.2. References to political and domestic policies. – III.3. Influential actors in Van Duyn. – III.4. Methodological issues with redaction. – IV. Conclusion.
Abstract:...
Abstract: Third country nationals are in a “weak” position when it comes to issuing a uniform Schengen short-term visa. The EU acquis on visas, and most notably the Visa Code, is still a domain strongly marked by State sovereignty, wide margin of appreciation and scarce transparency in the decision-making process. The EU Court of Justice...
Abstract: This Introduction outlines the rationale and genesis of the research project that forms the basis for this collection of Articles, putting it into the context of recent interesting historical and sociological turns in EU law and Court of Justice-focused scholarship. It then identifies and offers initial reflections on a...