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....
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....
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...
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...
Table of Contents: I. Introduction. – II. Case overview. – III. Insights from the dossier. – III.1. Documents in the dossier. – III.2. References to political and domestic policies. – III.3. Influential actors in Van Duyn. – III.4. Methodological issues with redaction. – IV. Conclusion.
Abstract:...
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....
Table of Contents: I. Introduction. – II. Overview of the case. – III. The dossier(s). – IV. The path not taken. – V. Conclusion. – Annex.
Abstract: Consten and Grundig was fundamental in shaping EU competition law and giving it its distinctive character. Issued...
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...
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...
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...
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