Europe and Syria: Diplomacy, Law and War

e-Journal

Table of Contents: I. Introduction. – II. A growing fascination with armed force. – III. Reviving the art of peace through law – IV. Conclusion.

Abstract: The conflict in Syria is entering its sixth year with no clear end in sight. EU Member States have a choice – continue or even escalate...

Aleksei Petruhhin: Extradition of EU Citizens to Third States

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Table of Contents: I. Introduction. – II. Facts and legal background of the case. – III. Extradition of an EU citizen to a third State in light of Art. 18 TFEU. – III.1. Introduction. – III.2. Does extradition of EU citizens to third States on a basis of a bilateral agreement with the Member State fall within the EU law domain? – III....

“Clash of Titans 2.0”. From Conflicting EU General Principles to Conflicting Jurisdictional Authorities: The Court of Justice and the Danish Supreme Court in the Dansk Industri Case

e-Journal

Table of Contents: I. Introduction. – II. The Danish Supreme Court’s reasoning. – III. The ‘selective’ supremacy of EU law according to the Danish Supreme Court: is it time to reaffirm Costa v. ENEL? –  IV. The horizontality of the EU Charter of Fundamental Rights. – V. Conclusion. 

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Scotland’s Place in Europe After Brexit: Between a Rock and a Hard Place? A Legal Scoping Exercise

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Table of Contents: I. Introduction. – II. Background: Scotland’s place in the UK. – III. Scotland as part of the UK: the legal options around a special deal. – III.1. EU membership for Scotland as part of the UK? – III.2. Scotland in the single market as part of the UK? – IV. Scotland as an independent country. – IV.1. The path to an independence...

Art. 50 TEU: A Well-Designed Secession Clause

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Table of Contents: I. Introduction. – II. The problem of unilateral secession and withdrawal. – III. Does the right to unilateral secession/withdrawal matter? – IV. The EU’s unity in withdrawal negotiations. – V. The not-so-unilateral character of withdrawal under Art. 50 TEU. – V.1. Obligation to promptly activate the withdrawal procedure. – V.2....

“Only You”: The Emergence of a Temperate Mutual Trust in the Area of Freedom, Security and Justice and Its Underpinning in the European Composite Constitutional Order

e-Journal

Table of Contents: I. Introduction: one or many faces of mutual trust in European integration? – II. The (slow but steady) emergence of a temperate mutual trust in the AFSJ: considerations from N.S., Aranyosi and C.K. – III. “Only You”. Why only a temperate understanding of mutual trust is in harmony with the European...

Mutual Recognition and Mutual Trust in the Internal Market

e-Journal

Table of Contents: I. Introduction. – II. The origins of “mutual trust” as a concept of EU law. – II.1. In Court of Justice case law. – II.2. In legislative documents. – III. Mutual trust v. mutual recognition. – III.1. Mutual recognition and mutual trust: meaning and relationship. – III.2. No obligation of blind mutual trust: conditions and...

Mutual Trust Before the Court of Justice of the European Union

e-Journal

Table of Contents: I. Introduction. – II. How is the principle of mutual trust applied? – III. What does the principle of mutual trust convey? – IV. The limits of the principle of mutual trust. – V. Final reflections.

Abstract: The principle of mutual trust is not mentioned in the Treaties, but...

The Council v. Front Polisario Case: The Court of Justice’s Selective Reliance on International Rules on Treaty Interpretation (Second Part)

e-Journal

Table of Contents: I. Introduction. – II. The Front Polisario judgment. – III. The Court’s reliance on international rules on treaty interpretation. – III.1. General observations on the Court’s method of treaty interpretation: the Court and the “crucible” approach to treaty interpretation. – III.2. The Court’s reliance on the right to self-...

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