Transnational Judicial Review in Horizontal Composite Procedures: Berlioz, Donnellan, and the Constitutional Law of the Union

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Table of Contents: I. Introduction. – II. The case of Berlioz: towards transnational judicial review. – III. Transnational judicial review and the constitutional law of the Union. – III.1. The right to an effective judicial remedy. – III.2. Other principles of constitutional law of the Union. – IV. The case of Donnellan: one step...

The Integration of Migration Concerns into EU External Policies: Instruments, Techniques and Legal Problems

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Table of Contents: I. Introduction. – II. The Compacts and the practical arrangements for the return of irregular migrants and their impact on the principle of institutional balance. – III. The Compacts with countries hosting refugees: the context of their adoption and their legal nature. – IV. The integration of refugees in the job market of the...

Re-connecting Authority and Democratic Legitimacy in the EU: Introductory Remarks

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Table of Contents: I. The disconnection between the loci of authority and those of democratic control. – II. The competence problem in the Union. – III. Reconciling Europe with its citizens through democracy and rule of law. – IV. Scope and contents.

Abstract: One of the main problems the Union has...

The Two Faces of European Sovereignty

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Table of Contents: I. No European sovereignty... – II. ... But a "Europeanised" (concept of) sovereignty.

Abstract: "European sovereignty" seems at first sight to be a misnomer. The EU is not sovereign in the classical sense of the word. By contrast, it can be argued that the EU transforms national...

European Sovereignty Now? A Reflection on What It Means to Speak of “European Sovereignty”

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Table of Contents: I. Introduction. – II. A post-sovereign world. – III. Autonomy: sovereignty in disguise? – IV. European Sovereignty?

Abstract: Spearheaded by French President Emmanuel Macron, the concept of “European sovereignty” is used increasingly often in debates on the role of the EU in the...

The Crime of Genocide Against the Lithuanian Partisans: A Dialogue Between the Council of Europe and the Lithuanian Courts

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Table of Contents: I. Introduction. – II. Historical background. – III. The ruling of the Constitutional Court of Lithuania of 18 March 2014 and the judgment of the Grand Chamber of the European Court of Human Rights in the case of Vasiliauskas v. Lithuania – their impact on the case-law of the Lithuanian courts in the genocide cases – III....

Two Faces of the Polish Supreme Court After “Reforms” of the Judiciary System in Poland: The Question of Judicial Independence and Appointments

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Table of Contents: I. Introduction. – II. The “reforms” of the national council of judiciary and the Supreme Court. – III. The Court of Justice judgment. – IV. The EU-friendly face of the Supreme Court. – V. The restrained face of the Supreme Court. – VI. Conclusions.

Abstract: The present ...

Poland Before the Court of Justice: Limitless or Limited Case Law on Art. 19 TEU?

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Table of Contents: I. Introduction. – II. The broad interpretation of Art. 19 TEU. – II.1. An ideal holistic approach to judicial independence. – II.2. The broadening of the material scope of Art. 19 TEU. – III. The paradox of the limited effects of the case law on Art. 19 TEU. – III.1. An unlikely limit: denying Art. 19 TEU direct effect. – III.2....

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European Forum

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Forum Européen

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