What Keck and Mithouard Should Have Said: Same Same, but Different

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Abstract: This rewriting of Keck and Mithouard (joined cases C-267/91 and C-268/91 ECLI:EU:C:1993:905) aims to retain the "spirit" of Keck without resorting to categorising national measures into "product requirements" and "certain selling arrangements". The judgment is informed by Senn and Nussbaum’s capability...

What Keck and Mithouard Should Have Said: It Could Have Been so Simple

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Abstract: This rewriting of Keck and Mithouard (joined cases C-267/91 and C-268/91 ECLI:EU:C:1993:905) maintains the basic underlying philosophy of the Keck judgment but dispenses with the terminology of ‘certain selling arrangements’. Enchelmaier’s judgment squarely overturns the Sunday trading case law...

Ball in the Commission’s Court: Ensuring the Effectiveness of EU Law the Day After the Court Ruled

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Table of Contents: I. Introduction. – II. Overturning democracy in the name of the law: the use of creative compliance by EU autocratic legalists. – III. Setting the context: the Court’s ruling in Transparency of Associations. – III.1. The 2017 Transparency Law. – III.2. The Court is in session! – IV. (Almost) New actors, same old story:...

Introduction: What Keck and Mithouard Actually Said – And Its Legacy

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Abstract: The European Court of Justice's judgment in Keck and Mithouard (joined cases C-267/91 and C-268/91 ECLI:EU:C:1993:905) is one of the crucial judgments in the development of the free movement of goods, and EU internal market law more generally. Keck generated a vast number of scholarly commentaries. Its legacy has...

The Use of ECtHR Case Law by the CJEU: Instrumentalisation or Quest for Autonomy and Legitimacy?

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Table of Contents: I. Introduction. – II. Post-Charter situation at first glance. – III. Post-Charter situation: second thoughts. – III.1. Autonomy (first). – III.2. Legitimacy (when needed). – IV. Conclusion: what about the standard of protection?

Abstract: Whilst the ECtHR’s case-law has occupied...

Unravelling the Complexities of the Horizontal Clauses of Arts 8-13 TFEU: An Explanation of the Special Section

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Abstract: This explanation presents the Special Section “The horizontal clauses of arts 8-13 TFEU: normative implications, implementation and potential for mainstreaming”, which collects six Articles originally presented at a workshop devoted to the integration clauses of the TFEU held in October 2021. With a view to working...

The Environmental Integration Principle in EU Law: Normative Content and Functions also in Light of New Developments, such as the European Green Deal

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Table of Contents: Ι. Ιntroduction. – II. The origins and the evolution of the environmental integration principle in International Law. – II. The evolution, legal status, normative content and functions of the environmental integration provision in EU Law. – III.1. The evolution of the environmental integration provision and its legal status in EU...

Taking Stock of Art. 13 TFEU in EU Agriculture: Reading Art. 13 as a Whole

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Table of Contents: I. Introduction. – II. Evolution of Animal Welfare Law and policy in EU agriculture. – II.1. Minimum animal welfare standards. – II.2. CJEU interpretation. – III. Art. 13 TFEU: mainstreaming animal welfare in EU agriculture policy. – III.1. Legal effect. – III.2. Limitations and tensions. – IV. CJEU reading. – IV.1. Halal...

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