The Danish Ajos Case: The Missing Case from Maastricht and Lisbon

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Table of Contents: I. Introduction and structure. – II. Brief account on Ajos. – II.1. The reference to the Court of Justice. – II.2. The reasoning of the Supreme Court. – III. Ajosin light of DSC’s practise about accession to EU. – III.1. Background on the Danish constitutional context as regards review of...

Brexit: The Impact on Judicial Cooperation in Civil Matters Having Cross-border Implications – A British Perspective

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Table of Contents: I. Introduction. – II. The Europeanisation programme. – III. The United Kingdom opt-in. – IV. The legislative background. – IV.1. The Brussels instruments. – IV.2. The Rome instruments. – V. Brexit. – V.1. Brexit: the political background. – V.2. The European Union (Withdrawal) Bill. – VI. The position of Scotland within the UK in...

Policy Coordination in the EU: Taking Stock of the Open Method of Coordination – Introduction

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Abstract: This introduction presents the five Articles of this Special Section that was originally conceived at a workshop entitled “Taking Stock of the Open Method of Coordination” (21stIus Commune Congress, 24-25 November 2016, Maastricht, the Netherlands). With a view to deepening understanding of policy...

The Place of the OMC in the System of EU Competences and Sources of Law

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Table of Contents: I. The place of the OMC in primary EU law. – II. The OMC and the principle of conferral. – III. Does the OMC produce soft law? – IV. Conclusion: Is the OMC part of the EU legal order?

Abstract: It is often said that the Open Method of Coordination (OMC) is a form of soft law and...

The OMC Processes in the Health Care Field: What Does Coordination Really Mean?

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Table of Contents: I. Introduction. – II. General challenges for legal analysis of the Open Method of Coordination. – II.1. The OMC and the specificities of EU legal system. – II.2. A trend toward fewer OMC references.– III. The evolution of OMC in the European legal system: From light to shadow. – III.1. Recognition of a legal...

Organising Soft Governance in Hard Times – The Unlikely Survival of the Open Method of Coordination in EU Education Policy

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Table of Contents: I. Introduction. – II. Theories of organisational change and survival. – II.1. Functional imperatives: organisational survival “on delivery”. – II.2. Power perspective: survival as political battle. – II.3. Institutionalisation and survival. – II.4. Institutional perspective – Survival by riding a fashion wave. – III. The OMC in...

The Cultural Open Method of Coordination: A New but Different OMC?

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Table of Contents: I. Introduction. – II. The “promises” of the cultural OMC. – III. The birth of the cultural OMC. – IV. The operation and evolution of the cultural OMC. – V. Cultural policy coordination or cultural cooperation? – VI. The cultural OMC in the context of the EU cultural policy. – VII. Cultural coordination outside the cultural OMC...

European Economic Governance in a Post-crisis Era – A Conceptual Appraisal

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Table of Contents: I. Introduction – EU economic policy from a governance perspective. – II. Characterizing economic coordination in the pre-crisis era. – II.1. The Treaty framework on economic policy. – II.2. Pre-crisis economic governance and the OMC. – III. Economic governance in the post-crisis era – Entering a new world? – III.1...

Democratising the Euro Area Without the European Parliament and Outside of the EU System. A Legal Analysis of the Draft Treaty on the Democratisation of the Governance of the Euro Area (“T-Dem”)

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Table of Contents: I. Introduction. – II. The T-Dem’s Parliamentary Assembly of the Euro Area. – III. The choice for an external institutionalization. – IV. Conclusion.

Abstract: The Draft Treaty on the Democratization of the Governance of the Euro Area (dubbed “T-Dem”) is an academic project aimed...

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