The Iran Nuclear Deal and the Future of the European Foreign Policy

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Among the reactions to the decision of the US Presidency to withdraw from the Joint and Comprehensive Plan of Action (JCPOA) – a conventional scheme agreed upon in 2015 by the Islamic Republic of Iran and the E3/EU+3 group, namely (China, France, Germany, the Russian Federation, the United Kingdom and the United States, with the High Representative of the European Union...

Front Polisario and the Exploitation of Natural Resources by the Administrative Power

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Table of Contents: I. The EU judiciary faced with the exploitation of natural resources in Western Sahara. – II. Administrative powers and the exploitation of natural resources in non-self-governing territories. – III. “Grey areas” and unsettled issues. – IV. Of the uncertainty principle and of Voelkerrecthsfreundlichkeit...

Exercises in Legal Acrobatics: The Brexit Transitional Arrangements

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Table of Contents: I. Introduction. – II. Art. 50 TEU: does it provide for a transitional arrangement? – III. Art. 50 TEU as a transition. – IV. Tailor-made transitional arrangement. – IV.1. Introduction. – IV.2. Where to regulate a transitional arrangement? – IV.3. Institutional and substantive aspects of a tailor-made transitional arrangement. – V...

Explaining the EU’s Legal Obligation for Democracy Promotion: The Case of the EU-Turkey Relationship

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Table of Contents: I. Introduction. – II. The “democracy” in EU democracy promotion. – III. The EU-Turkey relationship. – IV. Analysing democracy promotion in the EU-Turkey relationship. – IV.1. Positive/express democracy promotion. – IV.2. Negative/express democracy promotion. – IV.3. Positive/implied democracy promotion. – IV.4. Negative/implied...

A European Court of Human Rights’ Systematization of Principles Applicable to Expulsion Cases

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Table of Contents: I. Introduction. – II. General principles and their application. – II.1. The assessment of the risk. – II.2. Principles of the benefit of the doubt and the burden of proof. – II.3. Targeted group and inability to protect. – III. Concluding remarks.

Abstract: The European

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“Self-determination at the European Courts: The Front Polisario Case” or “The Unintended Awakening of a Giant”

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Table of Contents: I. Introduction. – II. Some factual elements of the Western Sahara dispute. – III. The Association Agreement and the proceeding before the General Court in the Case T-512/12. – IV. The Court of Justice judgment of 21 December 2016. – V. The right to self-determination and the Front Polisario case. – VI....

Front Polisario: A Step Forward in Judicial Review of International Agreements by the Court of Justice?

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Table of Contents: Preliminary remarks: judicial review of international agreements between self-restraint and judicial activism. – II. The decision of the General Court in Front Polisario and the procedural approach. – III. The substantive approach in the decision of the Court of Justice in Front Polisario. – IV....

Integration in European Defence: Some Legal Considerations

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Table of Contents: I. Introduction. – II. Reasons for the inclusion of EDU provisions in the Lisbon Treaty and their rationale. – III. Legal considerations. – III.1. The options. – III.2. Establishment of Permanent Structured Cooperation. – III.3. Functioning. – III.4. Purpose. – III.5. Funding. – IV. Conclusion.

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