- letto 911 volte
The Thousand Cataluñas of Europe
- letto 835 volte
Irrespective of the perspective from which one looks at the Catalonian events, which are still unfolding under our incredulous eyes, the impression can only be univocal: Spain is right and Catalonia is wrong. The claim of the Spanish Government to preserve the unity of the nation is well founded; conversely, the independence proclaimed by the Catalonian Government amounts to...
Introduction: The New Frontiers of EU Administrative Law and the Scope of Our Inquiry
- letto 1074 volte
Table of Contents: I. The EU as a global administrative actor. – II. Development of EU administrative law and external relations: setting the scene. – III. Administrative action as instrumental action in external relations. – IV. Accountability: actors, fora and different types of act. – V. Mapping administrative action in EU external...
The External Administrative Layer of EU Law-making: International Decisions in EU Law and the Case of CETA
- letto 1066 volte
Table of Contents: I. The international regulation of public goods: legal challenges. – II. International decisions by CETA bodies. – III. Decisions of international bodies: a source of EU law. – IV. The external administrative layer of EU law. – IV.1. Interpretative effects: validating EU law. – IV.2. Authoritative international decisions. – IV.3....
The Extraterritorial Reach of EU Environmental Law and Access to Justice by Third Country Actors
- letto 1081 volte
Table of Contents: I. Introduction. – II. The legal phenomenon of IEMEIs. – II.1. IEMEIs regulating conduct abroad on the basis of environmental regulatory requirements. – II.2. IEMEIs regulating trade: market access conditions and obligations on Third Country actors. – II.3. Compliance with IEMEIs: “contingent unilateralism”, equivalence and...
External Participants v. Internal Interests: Principles of EU Administrative Law in Anti-dumping Investigations
- letto 1145 volte
Table of Contents: I. Introduction. – II. Discretion or clear rules? The “fundamental importance” of the administrative law framework. – III. Interests involved in anti-dumping policy-making. – III.1. Decision to initiate investigations. – III.2. Decision on anti-dumping duties. – IV. Three functions of participation. – IV.1. Mechanism to collect...
External Migration and Asylum Management: Accountability for Executive Action Outside EU-territory
- letto 1040 volte
Table of Contents: I. Introduction. – II. EU visa policy. – II.1. Judicial review of decisions. – II.2. Judicial review in case of representation. – II.3. Humanitarian visa. – II.4. The extra-territorial applicability of the Charter. – III. Refugee resettlement. – III.1. EU Resettlement initiatives. – III.2. Resettlement in the refugee crisis. – III...
Acknowledging the Impact of Administrative Power in the EU External Action
- letto 1091 volte
Table of Contents: I. Introduction. – II. The impact of administrative power on the exercise of EU public authority. – II.1. Preparatory acts informing final decisions. – II.2. Rule-making acts: looking beyond technicalities. – III. The impact of administrative power on the exercise of third countries public authority. – III.1. Preparatory acts:...
Administering EU Development Policy: Between Global Commitments and Vague Accountability Structures
- letto 947 volte
Table of Contents: I. Introduction. – II. Legal framework. – II.1. The hard law: the Cotonou Convention and EU Regulations: multilateral or unilateral? – II.2. Post legislative guidance and the real world of implementing EU assistance. – II.3. The European Investment Bank: what role for voluntary policies? – III. Court and EO practice: setting the...
Procedural Rights in the Context of Restrictive Measures: Does the Adversarial Principle Survive the Necessities of Secrecy?
- letto 1083 volte
Table of Contents: I. Introduction. – II. The legal framework concerning restrictive measures. – III. The development of the right of access to the file. – IV. Access to “secret evidence” by the CJEU. – V. Conclusions.
Abstract: Safeguarding fundamental procedural rights in the context of security...