The Garden Grows Lusher: Completing the Narratives on Opinion 1/75

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Table of Contents: I. Introduction. – II. Background of the case. – III. A short journey through the dossier. – IV. An insight into the atmosphere at the Court: procedural documents. – V. Of incomplete narratives and forks in the road: learning from the submissions. – V.1. Paving the way to admissibility: the affirmation of kompetenz-...

Defrenne v SABENA: A Landmark Case with Untapped Potential

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Table of Contents: I. Introduction. – II. Insights into the dossier: towards a contextualisation of the landmark case. – II.1. The actors involved and the “hidden” sources. – II.2. The legal and political context of the case. – III. Behind the famous Defrenne II: the debate between horizontal and vertical direct effect and the...

The Constraints of Power Structures on EU Integration and Regulation of Military Procurement

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Table of Contents: I. Introduction. – II. Legal structures of military integration and cooperation in the EU. – II.1. The Treaty of Rome (1957): economic Europe as an alternative to the failed European Defence Community. – II.2. After the Lisbon Treaty (2009): strategic autonomy based on national or supranational responsibilities? – II.3. The legal...

European Integration Through International Law? The Strange Story of the Global Tax Project

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Day after day, the project to reform the current worldwide accepted system of corporate taxation is taking shape, commonly referred to as the global tax project.

At the beginning of March, a deal to back this project was reached within the G7. This informal agreement was upheld by the G7 Finance Ministers meeting on June 5, 2021, in London. In the...

Activating Ultra Vires Review: The German Federal Constitutional Court Decides Weiss

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Table of Contents: I. Introduction. – II. The preliminary reference of the German Constitutional Court and the preliminary ruling of the Court of Justice. – III. Not ultra vires! The problematic reasoning of the German Constitutional Court. – III.1. The attempt to redefine the methods of interpretation of EU law: The misconstruction of the...

Investment Court Judges and the 'Right to an Independent Tribunal': An Assessment of the Qualification and Ethics Rules in EU FTAs in Light of Opinion 1/17

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Table of Contents: I. Introduction. – II. Provisions on ethics and qualifications of adjudicators in the new generation FTAs. – II.1. CETA, EUVIPA and EUSIPA: what is across the board? – II.2. Codes of conduct in the Agreements – III. The Opinion 1/17 and the ethics and qualifications of Members of ICS Tribunals. – III.1. The issue raised by Belgium...

Opinion 1/17 and Its Themes: An Overview

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Table of Contents: I. Introduction. – II. Autonomy. – III. The principle of equal treatment and effectiveness. – IV. The right of access to an independent tribunal.

Abstract: This Article introduces the Special Section on “Opinion 1/17: Between European and International Perspectives”, by...

Opinion 1/17: Autonomy of EU Legal Order and the Conflicting Context of International Investment Arbitration

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Table of Contents: I. Introduction. – II. The concept of autonomy. – III. The fundamental aspects of the principle of autonomy in the light of Opinion 1/17. – III.1. Opinion 1/17 and the allocation of competences. – III.2. Opinion 1/17 and the preliminary reference procedure. – III.3. Opinion 1/17 and the control of EU law. – IV. Evaluating the...

The Legacy of Opinion 1/17: To What Extent Is the Autonomous EU Legal Order Open to New Generation ISDS?

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Table of Contents: I. Introduction. – II. EU and a reformed international investment order. – II.1. Post-Lisbon intra-EU developments and traditional ISDS clauses. – II.2. ISDS Novelty outdated? Commission’s reform agenda and the comprehensive economic and trade agreement with Canada (CETA). – II.3. Main legal issues connected to the new generation...

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