In Search of a Role to Play: The EU and the War in Syria

e-Journal

Table of Contents: I. Downward Spiral. – II. Security provider. - III. Humanitarian assistant. – IV. Mediator. – V. Transitional justice supporter.

Abstract: Driven by the recognition that more needs to be done, the Council of Ministers adopted a new EU Strategy for Syria on the eve of the...

Towards a Uniform Standard of Protection of Fundamental Rights in Europe?

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The multiplicity of systems of protection of fundamental rights is certainly a badge of honour for Europe. At present, there are no less than three general instruments of protection applicable to the territories of the Member States: the European Convention of human rights, the Charter of fundamental rights and the plethora of national bills of rights. Their coexistence,...

The Child’s Right to Be Heard in the Brussels System

e-Journal

Table of Contents: I. Introduction. – II. Child’s right to be heard in human rights treaties. – III. Child’s right to be heard in the Brussels IIa Regulation. – IV. Child’s right to be heard in Member States’ procedural laws. – V. Child’s right to be heard in the Brussels IIa Recast Proposal. – VI. Conclusions.

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Mutual Recognition and Mutual Trust: Reinforcing EU Integration? Introduction

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Abstract: Throughout the years the principle of mutual recognition and the underlying principle of mutual trust have greatly contributed to the EU integration process. The recent migration and terrorist crises that have stroke the Union and its Member States with full force have placed the individual and the respect for fundamental rights in the...

Horizontal Federalism, Mutual Recognition and the Balance Between Harmonization, Home State Control and Host State Autonomy

e-Journal

Table of Contents: I. Introduction. – II. Horizontal federalism in the US. – II.1. Full faith and credit. – II.2. Extradition. – II.3. Interstate commerce. – II.4. Interstate compacts. – III. Horizontal federalism in the EU: mutual recognition. – III.1. Constitutional principle by accident? – III.2. Apogee and after. – III.3. Mutual recognition...

Mutual Trust and Human Rights in the AFSJ: In Search of Guidelines for National Courts

e-Journal

Table of Contents: I. Introduction. – II. Protection of fundamental rights in the EU: opinion 2/13 of the CJEU. – III. Case-law of the CJEU and the European Court of Human Rights. – III.1. Civil and commercial cooperation. – III.2. Child abduction: The Hague Convention on Child Abduction and Regulation 2201/2003. – III.3. Common European Asylum...

Of Surcharges and Supervision: German Renewable Energy Act Is State Aid

e-Journal

Table of Contents: I. Controversy around Germany's renewable energy act. – II. Two questions, one answer: the EEG as State aid. – II.1. The State aid nature of the EEG surcharge. – II.2. The exemptions for electricity-intensive undertakings. – III. Distinguishing PreussenElektra AG v. Schleswag AG. – IV. Towards the...

H v. Council: Strengthening the Rule of Law in the Sphere of the CFSP, One Step at a Time

e-Journal

Table of Contents: I. Introduction. – II. A complete system of judicial protection, also in the sphere of the CFSP? – III. In search of the limits of the jurisdictional carve-out: in defence of the ECJ’s incremental approach. – IV. Looking forward: towards a comprehensive approach. – IV.1. A reading of Art. 275 TFEU...

Reflections on EU Legitimacy and Governing

e-Journal

Table of Contents: I. Introduction. – II. A missing piece: throughput legitimacy. – III. Issues of representation.

Abstract: Carol Harlow provides us with a nuanced and sophisticated assessment of the development of the EU’s formal lawmaking processes and their legitimacy implications. She...

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European Forum

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Forum Européen

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Forum europeo

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Foro Europeo