Between Fiction and Reality: The External Autonomy of EU Law as a 'Shapeshifter' After Opinion 1/17

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Table of Contents: I. Eureka moments. – II. A strict versus a lenient approach: hypotethicals, fictions and cursory analyses. – II.1. Hypotethicals can make the difference between a strict or a lenient approach. – II.2. Fictions and assumptions used as legal arguments. – II.3. Not analysing an issue thoroughly enough. – III....

Litigating Human Rights Disputes Against the EU and the Member States: Some Reflections in Light of Opinion 1/17

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Table of Contents: I. Introduction. – II. The case law of the European Court of Human Rights on the responsibility of EU Members States under the European Convention of Human Rights (ECHR). – III. Overview of the internalisation model. – IV. Adaptability of the internalisation model to human rights litigation. – V. Conclusions....

Autonomy or Unity? Investment Protection (ISDS) and the Principle of Equality Before the Law

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Table of Contents: I. Introduction. – II. The pre-assessment. – II.1. The legal question. – II.2. The Court’s rejection of Article 21 CFR. – III. The Court’s assessment of art. 20 CFR. – III.1. “Within the Union itself”. – III.2. Procedural rights – different differently. – III.3. Substantive rights – equals equally. – IV. An alternative way to make...

Article 47 of the Charter in the Opinion Procedure: Some Reflections Following Opinion 1/17

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Table of Contents: I. Introduction. – II. Questioning art. 47’s role in the Opinion procedure. – II.1. Art. 47’s specific scope of application. – II.2. The specific function of art. 47. – III. Judicial protection standards in the opinion procedure. – III.1. Judicial protection as part of the autonomy claim? – III.2. Judicial protection as part of...

ERTA and Us: Shifting Constitutional Equilibria on the Visions of Europe

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Table of Contents: I. Introduction. – II. A constitutional moment: admissibility subordinated to competence. – III. The tension between the institutional and the organic visions of Europe: the nature of the contested act. – IV. ERTA and us: contested equilibria between the two visions of Europe? – V. Concluding remarks....

Meroni Behind the Scenes: Uncovering the Actors and Context of a Landmark Judgment

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Table of Contents: I. Introduction. – II. Meroni and the evolution of EU law. – II.1. Overview of the case. – II.2. The long and contested life of Meroni in EU law. – III. Actors and institutions behind the Meroni judgment. – III.1. Meroni: shedding light on the context and on the economic rationale. – III.2. The...

The Court of Justice in the Archives Project: An Initial Reflection

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Table of Contents: I. Introduction. – II. The cases selected and the content of the dossiers – III. Re-assessing landmark cases.

Abstract: This Article offers an initial reflection on the output of the “Court of Justice in the Archives” project represented by the case studies included in...

The Court of Justice in the Archives: Introduction

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Abstract: This Introduction outlines the rationale and genesis of the research project that forms the basis for this collection of Articles, putting it into the context of recent interesting historical and sociological turns in EU law and Court of Justice-focused scholarship. It then identifies and offers initial reflections on a...

Pagine

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European Forum

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Forum Européen

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Forum europeo

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