Integration in European Defence: Some Legal Considerations

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Table of Contents: I. Introduction. – II. Reasons for the inclusion of EDU provisions in the Lisbon Treaty and their rationale. – III. Legal considerations. – III.1. The options. – III.2. Establishment of Permanent Structured Cooperation. – III.3. Functioning. – III.4. Purpose. – III.5. Funding. – IV. Conclusion.

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A European Court of Human Rights’ Systematization of Principles Applicable to Expulsion Cases

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Table of Contents: I. Introduction. – II. General principles and their application. – II.1. The assessment of the risk. – II.2. Principles of the benefit of the doubt and the burden of proof. – II.3. Targeted group and inability to protect. – III. Concluding remarks.

Abstract: The European

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Explaining the EU’s Legal Obligation for Democracy Promotion: The Case of the EU-Turkey Relationship

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Table of Contents: I. Introduction. – II. The “democracy” in EU democracy promotion. – III. The EU-Turkey relationship. – IV. Analysing democracy promotion in the EU-Turkey relationship. – IV.1. Positive/express democracy promotion. – IV.2. Negative/express democracy promotion. – IV.3. Positive/implied democracy promotion. – IV.4. Negative/implied...

Exercises in Legal Acrobatics: The Brexit Transitional Arrangements

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Table of Contents: I. Introduction. – II. Art. 50 TEU: does it provide for a transitional arrangement? – III. Art. 50 TEU as a transition. – IV. Tailor-made transitional arrangement. – IV.1. Introduction. – IV.2. Where to regulate a transitional arrangement? – IV.3. Institutional and substantive aspects of a tailor-made transitional arrangement. – V...

Procedural Rights in the Context of Restrictive Measures: Does the Adversarial Principle Survive the Necessities of Secrecy?

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Table of Contents: I. Introduction. – II. The legal framework concerning restrictive measures. – III. The development of the right of access to the file. – IV. Access to “secret evidence” by the CJEU. – V. Conclusions.

Abstract: Safeguarding fundamental procedural rights in the context of security...

Acknowledging the Impact of Administrative Power in the EU External Action

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Table of Contents: I. Introduction. – II. The impact of administrative power on the exercise of EU public authority. – II.1. Preparatory acts informing final decisions. – II.2. Rule-making acts: looking beyond technicalities. – III. The impact of administrative power on the exercise of third countries public authority. – III.1. Preparatory acts:...

External Migration and Asylum Management: Accountability for Executive Action Outside EU-territory

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Table of Contents: I. Introduction. – II. EU visa policy. – II.1. Judicial review of decisions. – II.2. Judicial review in case of representation. – II.3. Humanitarian visa. – II.4. The extra-territorial applicability of the Charter. – III. Refugee resettlement. – III.1. EU Resettlement initiatives. – III.2. Resettlement in the refugee crisis. – III...

Administering EU Development Policy: Between Global Commitments and Vague Accountability Structures

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Table of Contents: I. Introduction. – II. Legal framework. – II.1. The hard law: the Cotonou Convention and EU Regulations: multilateral or unilateral? – II.2. Post legislative guidance and the real world of implementing EU assistance. – II.3. The European Investment Bank: what role for voluntary policies? – III. Court and EO practice: setting the...

External Participants v. Internal Interests: Principles of EU Administrative Law in Anti-dumping Investigations

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Table of Contents: I. Introduction. – II. Discretion or clear rules? The “fundamental importance” of the administrative law framework. – III. Interests involved in anti-dumping policy-making. – III.1. Decision to initiate investigations. – III.2. Decision on anti-dumping duties. – IV. Three functions of participation. – IV.1. Mechanism to collect...

The External Administrative Layer of EU Law-making: International Decisions in EU Law and the Case of CETA

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Table of Contents: I. The international regulation of public goods: legal challenges. – II. International decisions by CETA bodies. – III. Decisions of international bodies: a source of EU law. – IV. The external administrative layer of EU law. – IV.1. Interpretative effects: validating EU law. – IV.2. Authoritative international decisions. – IV.3....

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European Forum

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Forum Européen

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Forum europeo

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