Interdependence and Contestation in European Integration

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Table of Contents: I. Introduction. – II. Institutionalising interdependence. – II.1. The institutions of interdependence. – II.2. Interdependence through law? – II.3. 1992-2019: Ever further interdependence? – III. Institutionalising contestation. – III.1. Beyond the regulatory polity. – III.2. Beyond the individual. – III.3. Beyond uniformity. –...

Law and Foreign Policy Before the Court: Some Hidden Perils of Rosneft

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Table of Contents: I. Introduction. – II. Background to the dispute and the questions referred. – III. Jurisdiction: The criticism. – IV. The Court and preliminary rulings. – IV.1. Law. – IV.2. Politics. – V. Conclusion.

Abstract: The landmark decision of the Court of Justice in Rosneft (...

The Accountability of the European Stability Mechanism and the European Monetary Fund: Who Should Answer for Conditionality Measures?

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Table of Contents: I. Introduction. – II. We are one, but we are not the same. The Mallis case and the accountability of the Eurogroup and the Board of Governors. – II.1. The Cypriot bail-out. – II.2. The Mallis case. – II.3. The political and legal accountability of the Eurogroup. – III. The man the authorities came to blame? The...

Conflicts Between Fundamental Freedoms and Fundamental Rights in the Case Law of the Court of Justice of the European Union – A Comparison with the US Supreme Court Practice

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Table of Contents: I. Introduction. – II. Fundamental freedoms and fundamental rights in EU law. – III. Comparability of the case law of the Court of Justice and the US Supreme Court on conflicts of rights. – IV. Criticisms related to the Court of Justice case law. – IV.1. Hierarchy. – IV.2. Balancing by the Court of Justice. – IV.3. Fundamental...

Europe and “Crisis”: Part I – Introduction

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Abstract: The Articles that form part of this Special Section propose four readings of "crisis" across various problem areas in European Union law and governance (financial and debt, migration, nationalism and populism) towards possible ways of crisis resolution. As guest editor of this Special Section (in two parts), I read the...

Europa: de Habermas a Kant pasando por el populismo

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Table of Contents: I. La previsión de Habermas. – II. La estabilidad del mundo de la vida como condición. – III. Foucault y el neoliberalismo como solución. – IV. La previsión kantiana. – V. La imposibilidad de un escenario schmittiano.

Abstract: In the framework of his theory of social evolution,...

The Past of an Illusion? Pluralistic Theories of European Law in Times of “Crises”

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Table of Contents: I. Introduction. – II. Pluralistic constitutional pluralism? Disaggregating constitutional pluralism. – II.1. Strategic pluralism. – II.2. Pluralistic federalism. – II.3. Judicial pluralism. – II.4. Pluralistic pluralism or pluralistic federalism? – III. The empirical shock: the second and the third European transformations. – III...

Social Integration in EU Law: Content, Limits and Functions of an Elusive Notion – Introduction

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Abstract: This Introduction guides the reader through the special section "Social Integration in EU Law: Contents, Limits and Functions of an Elusive Notion". The Authors underline the multi-faceted essence of this concept, which has both an integrative potential and a defensive function. Social integration is closely connected to the...

Social Integration: The Different Paradigms for EU Citizens and Third Country Nationals

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Table of Contents: I. Introduction. – II. Acts relating to immigration policy. – II.1. Directive 2003/109 on long-term residents. – II.2. Directive 2003/86 on family reunification. – III. Acts relating to asylum policy. – III.1. The Dublin Regulation. – III.2. The Qualifications Directive. – IV. Acts relating to free movement of persons. – IV.1....

Aim and Duty, Sword and Shield: Analysing the Cause and Effects of the Malleability of “Social Integration” in EU Law

e-Journal

Table of Contents: I. Introduction. – II. Explaining the paradox: The historical limitations on European “social integration” as a counter-balance to the internal market. – II.1. The traditional European/national divide in the economic/social dichotomy: social progress as a by-product of economic integration. – II.2. Expanding the market freedoms...

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