EU Accession to the ECHR: The non-EU Member State Perspective

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Table of Contents: I. Resuming negotiations: common basis and new requests. – II. Non-EU Member States: an actor of its own or a loose aggregate of diverging interests? – II.1. Context, changes and ongoing developments. – II.2. Nature, aim and working methods of the NEUMs Group. – II.3. Common Statement and Key Negotiating principles. – III. Issues...

The 2023 Draft Agreement on the EU Accession to the ECHR: Possible “Gaps” and “Cracks” in the Co-respondent Mechanism and the Implications for the Bosphorus Doctrine

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Table of Contents: I. Introduction – II. The equivalent protection doctrine – III. An alternative to Bosphorus: The joint responsibility of the EU and its Member States on the basis of the co-respondent mechanism – III.1. The Co-respondent mechanism and joint responsibility – III.2. The “mechanics” of the co-respondent mechanism: A critical...

The (Im)possibility of a CFSP “Internal Solution”

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Table of Contents: I. Introduction – II. The main options considered by the negotiators – II.1. Introduction – II.2. A “reattribution mechanism” to ensure that EU Member States are exclusively responsible for CFSP conduct outside the scope of CJEU jurisdiction – II.3. An “interpretative declaration” to extend the CJEU’s jurisdiction over the CFSP –...

Shades of Trust: The ECtHR, the ECJ and Their Evolving Relationship in Light of the 2023 Revised Draft Accession Agreement

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Table of Contents: I. Introduction. – II. Trust and distrust: Delineations and reflections on the protagonists of the EU accession saga. – III. Opinion 2/13 and its aftermath: The politics of distrust. – IV. The mirage of trust: The ECtHR and the draft accession instruments. – V. The road ahead: (Re-)building trust post-accession. – VI....

The Revised Draft Agreement on the Accession of the EU to the ECHR: Third Time’s a Charm?

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Table of Contents: I. Introduction. – II. Preparing the ground for another attempt? The judicial dialogue between the CJEU and ECtHR since Opinion 2/13 – III. Negotiating the Revised Draft Accession Agreement. – IV. Appraising the Revised Draft Accession Agreement. - V. Conclusion.

Abstract...

Which Rule of Law for the External Borders of the European Union? Agencies, Institutions, and the Complex Upholding of the Rule of Law at the EU’s External Borders

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Table of Contents: I. Introduction: the low-intensity constitutionalism of the EU and its meaning for agencies. – II. The rule of law and its implication in the EU legal order: effective judicial protection. – II.1. Rule of law and effective judicial protection. – II.2. The rule of law and its meaning for agencies.  – III. The rule of law and...

Biometric Borders Envisaged by Frontex: Fundamental Rights in the Backseat

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Table of Contents: I. Introduction. – II. Technological and legal aspects of biometrics. – II.1. Technological aspects and the application of biometrics in the EU. – II.2. Biometric legal framework. – III. Frontex’s biometric policy and fundamental rights. – III.1. Frontex role and legal obligations concerning biometrics. – III.2. Technology...

The Notion of “Judgment” in the EU Regulations on Cross-Border Collection of Monetary Claims: A Change in Understanding?

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Table of Contents: I. Introduction. – II. The notion of “judgment” in the EU regulations on cross-border collection of monetary claims prior to H Limited and London Steam-Ship Owners. – II.1. “Any judgment”. – II.2. “A court or tribunal”. – II.3. “A Member State”. – III. The notion of “judgment” in the EU regulations on cross-...

Judicial Europeanisation Through Deconstitutionalisation: The Case of the Analogous Application of the Citizenship Directive

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Table of Contents: I. Introduction. – II. The Court’s ability to influence policies. – III. Research design – IV. The analogous application of the Directive – IV.1. Periods of residence completed under Directive 68/360 – IV.2. Free movers returning to their Member State of origin – IV.3. Free movers naturalised in the host Member State – V. National...

Extraterritorial Human Rights Obligations in the Area of Climate Change: Why the European Union Should Take Them Seriously

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Table of Contents: I. Introduction. – II. EU climate policy and its impacts on third countries and persons living therein. – II.1. EU climate policy and its impacts on the sovereignty and economies of third countries. – II.2. Climate action and inaction and their impacts on human rights. – II.3. EU climate policy and its impacts on the human rights...

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