European Sovereignty Now? A Reflection on What It Means to Speak of “European Sovereignty”

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Table of Contents: I. Introduction. – II. A post-sovereign world. – III. Autonomy: sovereignty in disguise? – IV. European Sovereignty?

Abstract: Spearheaded by French President Emmanuel Macron, the concept of “European sovereignty” is used increasingly often in debates on the role of the EU in the...

EU Autonomy: Jurisdictional Sovereignty by a Different Name?

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Table of Contents: I. Introduction. – II. Jurisdictional sovereignty: a core element of an elusive concept. – III. EU autonomy as construed by the Court of Justice. – IV. Jurisdictional sovereignty of the EU as a legal construction. – V. Concluding reflections on the Court’s autonomy conception in context.

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Poland Before the Court of Justice: Limitless or Limited Case Law on Art. 19 TEU?

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Table of Contents: I. Introduction. – II. The broad interpretation of Art. 19 TEU. – II.1. An ideal holistic approach to judicial independence. – II.2. The broadening of the material scope of Art. 19 TEU. – III. The paradox of the limited effects of the case law on Art. 19 TEU. – III.1. An unlikely limit: denying Art. 19 TEU direct effect. – III.2....

Two Faces of the Polish Supreme Court After “Reforms” of the Judiciary System in Poland: The Question of Judicial Independence and Appointments

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Table of Contents: I. Introduction. – II. The “reforms” of the national council of judiciary and the Supreme Court. – III. The Court of Justice judgment. – IV. The EU-friendly face of the Supreme Court. – V. The restrained face of the Supreme Court. – VI. Conclusions.

Abstract: The present ...

“Getting Brexit Done”: It Is Just the Beginning, not the End

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After 47 years of membership, the United Kingdom has left the European Union at the end of January 2020. Boris Johnson, the UK’s Prime Minister and prominent, if not accidental, face of the Vote Leave camp was at freedom to strike a gong and tick a box on his “to do” list. According to Downing Street 10, Brexit was done and dusted, exactly as promised during the election...

How Citizenship Divides: The New Legal Class of Transnational Europeans

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Table of Contents: I. Introduction. – II. The selective nature of Union Citizenship. – III. The right to live in another Member State. – IV. The right to equal treatment. – V. The family rights of mobile citizens. – VI. Adjudication rights. – VII. Separate, privileged, threatening. – VIII. The logic of Union Citizenship. – IX. Conclusion....

Rule of Law Conditionality in EU Funds: The Value of Money in the Crisis of European Values

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Table of Contents: I. Introduction – II. Defending the budget or the rule of law? – III. Why using spending conditionality? – IV. Scheme of the proposal. – V. Addressing the legal shortcomings of the proposal. – V.1. Is the proposal compatible with the principle of conferral? – V.2 The Commission’s excessive discretionary power: a challenge to the...

EU Agencies and the Issue of Delegation: Conferral, Implied Powers and the State of Exception

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Table of Contents: I. Introduction. – II. Agencification and the issue of delegation. – II.1. Agencies as delegated entities: overview of the delegated functions. – II.2. Fundamentals of the delegation of powers: Meroni, Romano, and the principle of the institutional balance. – III. The process of agencification and the practice of...

The CJEU’s Judgment in Organisation juive européenne and Vignoble Psagot: Some Introductory Remarks

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Table of Contents: I. Introduction. – II. International law and the interpretation of EU consumer law. – III. Contextualising Psagot in relation to other case-law involving occupied territories. – IV. The duty of non-recognition: the elephant in the room? – V. Concluding remarks.

Abstract:...

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