The Court of Justice, Genuine Disputes and Jurisdictional Control: Making Sense of Foglia II in Light of Its Dossier

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Table of Contents: I. Introduction. – II. The Foglia saga: towards jurisdictional control. – II.1. Foglia I and the facts leading to Foglia II. – II.2. Foglia II: main features and reception in the literature. – III. Paths not taken: reflecting on the dossier and its value. – III.1. A (lack of) genuine...

Towards a Legal History of European Law

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Table of Contents: I. Introduction. – II. The lack of legal history of European law. – III. What kind of legal history for European law? – IV. Towards a legal history of European law.

Abstract: European law differs from other fields of law in that it has no well-established tradition for legal...

The Benefits of Time Travel: Harnessing the Potential of the Historical Archives of the Court of Justice for Legal Research

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Table of Contents: I. Introduction: the added value of the archive for legal researchers. – II. Travelling across time and across cases: transversal Project insights.

Abstract: This Article engages with a core objective of the Court of Justice in the Archives Project: how best to...

A 'Europe of Lawyers'? The Making of a Database on Cases and Lawyers of the CJEU

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Table of Contents: I. Introduction: why a database of lawyers at the Court of Justice is an important new tool for socio-legal inquiry. – II. The construction of the database. – III. The Court as a place of confluence. – IV. How to complement the analysis? – V. Concluding remarks.

Abstract: This...

European Integration Through International Law? The Strange Story of the Global Tax Project

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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...

Activating Ultra Vires Review: The German Federal Constitutional Court Decides Weiss

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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...

The Constraints of Power Structures on EU Integration and Regulation of Military Procurement

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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...

Opinion 1/17: Autonomy of EU Legal Order and the Conflicting Context of International Investment Arbitration

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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...

The Legacy of Opinion 1/17: To What Extent Is the Autonomous EU Legal Order Open to New Generation ISDS?

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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...

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