The External Dimension of the EU Immigration and Asylum Policies Before the Court of Justice

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Table of Contents: I. Introduction. – II. Quantitative analysis and scope of judicial competence in the external dimension of EU immigration and asylum policies. – III. Substantive inputs from the Court of Justice’s case-law on the external dimension of EU immigration and asylum policies. – IV. What is the Court of Justice’s role in this external...

The Next Phase of The European Border and Coast Guard: Responsibility for Returns and Push-backs in Hungary and Greece

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Table of Contents: I. Introduction. – II. Agencies and agencification. – III. Engagement in Greece in light of push backs and suspension of asylum law. – IV. Involvement at the Hungarian-Serbian border. – V. Expanding competences. – V.1. Standing corps of 10.000 border guards. – V.2. Returns. – VI. Responsibility implications. – VI.1. Liability in...

Judicial Interactions on the European Return Directive: Shifting Borders and the Constitutionalisation of Irregular Migration Governance

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Table of Contents: I. Introduction. – II. “Immigration courts as border zones”: courts and judicial interactions in the field of irregular migration. – III. ”Is it a crime to be a foreigner?”: courts reconfiguring the borders between criminal law and the return directive. – IV. Detention as a tool to “reconfigure and relocate national borders”:...

Exporting Arms over Values: The Humanitarian Cost of the European Defence Fund

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Table of Contents: I. Introduction. – II. Methodology. – II.1. Cause and effect: contextualising the EDF. – III. If you want peace, sell more guns? – IV. From theory to practice: the ineffectiveness of arms export controls in the EU. – V. Don’t fuel the fire: the EU’s duty to act as a responsible arms financier. – V.1. The EU as a guardian of the...

Proportionality in the PSPP Saga: Why Constitutional Pluralism Is Here to Stay and Why the Federal Constitutional Court Did not Violate the Rules of Loyal Conduct

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Table of Contents: I. Introduction: when European and constitutional law collide. – II. Constitutional pluralism and the idea of an appeal court. – III. From Karlsruhe to Luxembourg and back: OMT and PSPP. – IV. The many faces of proportionality. – V. Proportionality in the PSPP decision of the FCC. – VI. Discussion. – VII. Conclusion: a...

Peering Inside the Preliminary Reference Box: Coleman v Attridge Law

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Table of Contents: I. Introduction. – II. Passalacqua’s theory of EU legal mobilization. – III. The Coleman v Attridge litigation. – III.1. Altruism. – III.2. Euro-expertise. – III.3. An open EU legal opportunity structure. – IV. Coleman contributes to a new interpretation of national law. – V. EU legal mobilization in theory and...

Europe at War

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On the 1st of March, speaking in front of the European Parliament, the President of the European Commission, Ms. Von der Leyen, delivered an engaging statement: “our Union, for the first time ever, is using the European budget to purchase and deliver military equipment to a country that is under attack” (European Commission, Speech by President von der Leyen at the European...

The EMU Rationale for Capital Markets Union

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Table of Contents: I. Introduction. – II. Objectives in documents. – III. Legislative momentum. – IV. Legislative process and content. – V. Conclusion.

Abstract: Capital Markets Union (CMU) is a plan towards a single market for capital in the EU. While the plan is not limited to the euro area, some...

The Sui Generis Framework for Implementing the Law of EMU: A Constitutional Assessment

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Table of Contents: I. Introduction. – II. Key features of the general framework of implementing and adapting EU law. – III. Sui generis aspects of the framework governing the implementation of the law of EMU. – III.1. The ECB’s implementing function under SSM. – III.2. Enforcement as a separate executive function from implementation under...

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