Bottom-up Salvation? From Practical Cooperation Towards Joint Implementation Through the European Asylum Support Office

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Table of Contents: I. Introduction. – II. “Support is our mission”: a critical assessment of EASO’s mandate and resources. – II.1. EASO’s mandate: areas of involvement and limitations. – II.2. EASO’s resources: a paper tiger? – III. Operational support: from expert consultants towards an integrated EU administration? – III.1. EASO operational...

On a Collision Course! Mutual Recognition, Mutual Trust and the Protection of Fundamental Rights in the Recent Case-law of the Court of Justice

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Table of Contents: I. Introduction. – II. Mutual recognition and mutual trust: unattainable stars in the sky? – III. Set on a collision course: the limits of mutual recognition and mutual trust. – IV. Meteor approaching! Fundamental rights and the European arrest warrant. – V. Set on a collision course: from N.S. to the recent case-law...

Rebuttal of Mutual Trust and Mutual Recognition in Criminal Matters: Is ‘Exceptional’ Enough?

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Table of Contents: I. Introduction. – II. The conditionality of mutual trust in EU criminal law. – II.1. From presumption to conditionality. – II.2. The fundamental right’s condition for mutual trust in criminal matters. – II.3. Condition without control? – III. “Trust is good, control is better”: the judicial refutability of mutual trust. – IV...

Regulatory Trust in EU Free Movement Law: Adopting the Level of Protection of the Other?

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Table of contents: I. Introduction. – II. The constitutional life of mutual trust. – III. Of regulatory trust and mutual recognition. – III.1. Clarifying the invisibility of mutual trust. – III.2. The normativity of regulatory trust. – IV. Adopting or rejecting the level of protection of the other. – IV.1. Mutual recognition and the conundrum...

Enforcing the Rule of Law in the EU. In the Name of Whom?

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Astonishment seized Europe when, at the beginning of October 2016, Viktor Orban organised a referendum that explicitly aimed at violating EU law. On Thursday 27 October, the three-month deadline the Commission had imposed upon Poland to address what it saw as systemic threats against the rule of law in the country, expired.[1]...

Respondent Status and Allocation of International Responsibility Under EU Investment Agreements

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Table of Contents: I. Setting the scene. – II. Analysis of the legal framework set out in EU investment agreements. – III. The role of the claimant and of the arbitral tribunal: is there a possibility to set aside the determination of the respondent made by the EU? – IV. The regulation on financial responsibility. – V. Conclusions.

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Welfare Markets and the Democracy of European Integration

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Abstract: Since 2009, austerity and the pressure for decreasing public spending in Europe have strongly targeted welfare services such as transport, healthcare, social services, culture and education, etc. In order to understand the current situation of welfare services in Europe today, one must take a step back and look at the broader development...

Representing the People vs Channelling Them: Constitutional Niceties in an Age of Instant Democratic Gratification. Episode 2: The Supreme Court

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Table of Contents: I. The Brexit Judgment. – II. The role of Parliament in Brexit. – III. Conclusion.

Abstract: On 24 January 2017, the Supreme Court of the United Kingdom has decided that the Prime Minister of the United Kingdom cannot serve notice under Article 50 TEU that the UK wishes to leave...

The Charter of Fundamental Rights in the Context of International Instruments for the Protection of Human Rights

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Table of Contents: I. Introduction. – II. The role of the ECHR in the interpretation of the Charter. – III. The role of international instruments other than the European Convention. – IV. The interpretation given by the relevant treaty body. – V. The effects of international instruments on the level of protection.

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Possibilities and Challenges of the EEA as an Option for the UK After Brexit

e-Journal

Table of Contents: I. The EEA as an alternative post-Brexit? – II. Approaching the challenge of dynamic homogeneity. – III. Legislative sovereignty. – IV. Judicial sovereignty. – V. Changes in the EU Treaties. – VI. Conclusions.

Abstract: During the period leading to the actual Brexit, the UK will have to negotiate new arrangements for...

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