The Transformation of Regulatory Cooperation Through Its Inclusion in Free Trade Agreements: What Is Its Added Value?

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Table of Contents: I. Introduction. – II. Transatlantic regulatory cooperation outside an FTA structure. – III. FTA structures regulatory cooperation and regulation imperatives: conflict or harmony? – III.1. The changing nature of regulation. – III.2. Compatibility of regulation and FTA structures for regulatory cooperation. – IV. Tighter...

European External Migration Funds and Public Procurement Law

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Table of Contents: I. Introduction. – II. European Union public procurement law. – III. The three funds. – III.1. Trust Funds. – III.2. The Trust Funds for Syria and Africa. – III.3. The crisis exception in the Trust Fund for Africa. – III.4. Facility for Refugees in Turkey. – IV. Five projects. – IV.1. Civil registries in Mali. – IV.2. Cashews in...

The European Parliament at the First Crusade

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On 21 October 2019, in a piece published on Verfassungsblog, twenty-nine influential experts in European affairs have harshly rebuked the European Parliament for rejecting the nomination of Sylvie Goulard to the new European Commission (Fairness, Trust and the Rule of Law: Statement on the European Parliament’s confirmation procedure concerning Sylvie...

Friends with Benefits? Possibilities for the UK’s Continued Participation in the EU’s Foreign and Security Policy

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Table of Contents: I. Introduction. – II. European law aspects of post-Brexit EU-UK cooperation. – II.1. Legal institutional possibilities and obstacles. – II.2. The withdrawal agreement. – II.3. Third country participation in CFSP. – III. International law aspects of post-Brexit EU-UK cooperation. – III.1. Existing and new CFSP/CSDP agreements. –...

The Ne Bis in Idem Principle as a Limit to the Resumption of Competition Proceedings: An Analysis of the Rebar Cartel Saga

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Table of Contents: I. Introduction. – I.1. The perils of parallel proceedings in EU competition law. – I.2. The classification of parallel proceedings and the resumption of proceedings following the annulment of a decision on procedural grounds as an instance of horizontal parallel proceedings. – I.3. The inadequacy of the discretionary...

On Constitutional Rights and Political Choices

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Table of Contents: I. Introduction. – II. From rights to policies and the interplay between legislation and case law. – III. Ordinary versus constitutional legislation. – IV. Is EU law over-constitutionalised? – V. Conclusion.

Abstract: The influence of the Court of Justice in the...

Differentiated Integration in Europe After Brexit: A Legal Analysis

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Table of Contents: I. Introduction. – II. Two visions of Europe. – II.1. A first cut at the argument. – II.2. An ever closer union. – II.3. A wider and looser union. – III. Institutional mechanisms of differentiated integration within the EU. – III.1. No “ever closer” monetary integration within the EMU. – III.2. Enhanced cooperation: nature,...

Achmea: Consequences on Applicable Law and ISDS Clauses in Extra-EU BITs and Future EU Trade and Investment Agreements

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Table of Contents: I. Introduction: the Achmea judgment. – II. The European Commission's assessment and the EU Member States’ position. – III. Potential consequences for existing BITs, CETA and future trade and investment agreements. – III.1. Various forms of applicable law clauses. – III.2. Extra-EU BITs which are silent on the applicable...

The Future of Social Europe and of European Integration at a Crossroads: How Can We Recover and Enforce Solidarity as a Fundamental Principle of European Constitutional Law (or Die)?

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Table of Contents: I. A reference point in the crucial debate about social Europe. – II. Social Europe and European integration today: a worrying picture. – III. A constructive approach. – IV. Judicial enforcement of solidarity: possibilities and limitations. – V. Strengthening cooperation and synergies (il faut cultiver notre jardin). – VI...

Pagine

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European Forum

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Forum Européen

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Forum europeo

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Foro Europeo