ECB Decision-making Within the Banking and Monetary Union: The Principle of Confidentiality on Its Way Out?

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Table of Contents: I. Introduction. – II. The ECB’s transparency exceptionalism within the EU constitutional framework. – II.1. Confidentiality as a necessary governance tool for ECB monetary policy. – II.2. Extending the same confidentiality approach to ECB prudential supervision. – II.3. The compatibility of ECB monetary policymaking...

The Parliamentary Accountability of EMU Decisions: Between Informality and Fragmentation

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Table of Contents: I. Introduction. – II. Guaranteeing democratic accountability within the EU. – II.1. Democratic accountability in today’s EU. – II.2. Persistent shortcomings in the accountability framework post-Lisbon. – III. Democratic accountability of EMU decisions. – III.1. EMU decision-making procedures and their characteristics. – III.2....

Integrating Macroeconomics into the EU Single Legal Order: The Role of Financial Stability in Post-crisis Europe

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Table of Contents: I. Introduction to the Special Section: EMU law and its relevance for the EU legal order. – II. Theoretical premise: studying the EU legal order in the context of European integration. – III. The origin of the autonomous EU legal order: the symbiosis between law and microeconomic integration. – III.1. The...

The Entitlement of the European Union to Exercise Diplomatic Protection: An International Customary Law Perspective

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Table of Contents: I. Introduction: recent trends in the practice of the European Union concerning the protection of European citizens vis-à-vis a third State. – II. The quest for competence: arts 20 and 23 TFEU. – III. The quest for competence: the EU-UK agreements. – IV. The quest for competence: customary law on diplomatic protection. –...

Creating European Public Spheres: Legitimising EU Law Through a Reconfiguration of European Political Parties

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Table of Contents: I. Introduction. – II. The importance of the public sphere for the democratic legitimacy of law. – III. Conceptualising European public spheres. – III.1. Barriers to European public spheres. – III.2. Adaptations at the EU level. – IV. Status quo of European public spheres. – IV.1. Institutions of the EU’s sphere of will...

The Misleading Consequences of Comparing Algorithmic and Tacit Collusion: Tackling Algorithmic Concerted Practices Under Art. 101 TFEU

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Table of Contents: I. Preliminary remarks. – II. The increasing attractiveness of cartels in the age of big data analytics. – III. Collusion between rational algorithms: the relation between market transparency and artificial intelligence in a world of big data. – IV. Existing vs created market conditions: tacit collusion or algorithmic...

Sovereign Within the Union? The Polish Constitutional Tribunal and the Struggle for European Values

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On 6 October 2021, the Polish Constitutional Tribunal (CT) delivered its much-awaited ruling in case K 3/21. The Tribunal declared the unconstitutionality of arts 1, 2 and 19 TEU inasmuch as they require that national judges discard the Polish legislation on the organisation of the judiciary; in particular, those provisions which, in the view of the CJEU, place the Polish...

In Limbo: Divergent Conceptualisations of Ill-treatment by European Courts and the Creation of Non-removable Migrants

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Table of Contents: I. Introduction. – II. Art. 3 ECHR as an obstacle to deportation. – II.1. Soering and beyond: absolute protection under the ECHR. – II.2. From inflicted to situational risks: cases of illness and non-refoulement. – II.3. What next? Non-refoulement and non-removability. – III. The scope of subsidiary...

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