EU Autonomy: Jurisdictional Sovereignty by a Different Name?

e-Journal

Table of Contents: I. Introduction. – II. Jurisdictional sovereignty: a core element of an elusive concept. – III. EU autonomy as construed by the Court of Justice. – IV. Jurisdictional sovereignty of the EU as a legal construction. – V. Concluding reflections on the Court’s autonomy conception in context.

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How Citizenship Divides: The New Legal Class of Transnational Europeans

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Table of Contents: I. Introduction. – II. The selective nature of Union Citizenship. – III. The right to live in another Member State. – IV. The right to equal treatment. – V. The family rights of mobile citizens. – VI. Adjudication rights. – VII. Separate, privileged, threatening. – VIII. The logic of Union Citizenship. – IX. Conclusion....

“Getting Brexit Done”: It Is Just the Beginning, not the End

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After 47 years of membership, the United Kingdom has left the European Union at the end of January 2020. Boris Johnson, the UK’s Prime Minister and prominent, if not accidental, face of the Vote Leave camp was at freedom to strike a gong and tick a box on his “to do” list. According to Downing Street 10, Brexit was done and dusted, exactly as promised during the election...

Indications of Settlement Provenance and the Duty of Non-recognition Under International Law

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Table of Contents: I. Introduction. – II. The duty of non-recognition: the Commission’s Interpretative Notice versus the Court’s judgment. – III. Consumer law and the duty of non-recognition: a poor fit. – IV. Importation of settlement products as implicit recognition. – V. Concluding observations.

Abstract:...

Misinterpreting Mislabelling: The Psagot Ruling

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Table of Contents: I. Introduction. – II. The CJEU recourse to international law in decisions on disputed territories. – III. Court’s analysis in Psagot: mandatory indication of the country of origin or the place of provenance of foodstuffs. – III.1. "Country of origin” v. “place of provenance”. – III.2. Misleading consumers regarding the...

The CJEU’s Judgment in Organisation juive européenne and Vignoble Psagot: Some Introductory Remarks

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Table of Contents: I. Introduction. – II. International law and the interpretation of EU consumer law. – III. Contextualising Psagot in relation to other case-law involving occupied territories. – IV. The duty of non-recognition: the elephant in the room? – V. Concluding remarks.

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EU Agencies and the Issue of Delegation: Conferral, Implied Powers and the State of Exception

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Table of Contents: I. Introduction. – II. Agencification and the issue of delegation. – II.1. Agencies as delegated entities: overview of the delegated functions. – II.2. Fundamentals of the delegation of powers: Meroni, Romano, and the principle of the institutional balance. – III. The process of agencification and the practice of...

Rule of Law Conditionality in EU Funds: The Value of Money in the Crisis of European Values

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Table of Contents: I. Introduction – II. Defending the budget or the rule of law? – III. Why using spending conditionality? – IV. Scheme of the proposal. – V. Addressing the legal shortcomings of the proposal. – V.1. Is the proposal compatible with the principle of conferral? – V.2 The Commission’s excessive discretionary power: a challenge to the...

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