Table of Contents: I. Introduction. – II. European law aspects of post-Brexit EU-UK cooperation. – II.1. Legal institutional possibilities and obstacles. – II.2. The withdrawal agreement. – II.3. Third country participation in CFSP. – III. International law aspects of post-Brexit EU-UK cooperation. – III.1. Existing and new CFSP/CSDP agreements. –...
Table of Contents: I. Introduction. – I.1. The perils of parallel proceedings in EU competition law. – I.2. The classification of parallel proceedings and the resumption of proceedings following the annulment of a decision on procedural grounds as an instance of horizontal parallel proceedings. – I.3. The inadequacy of the discretionary...
On 21 October 2019, in a piece published on Verfassungsblog, twenty-nine influential experts in European affairs have harshly rebuked the European Parliament for rejecting the nomination of Sylvie Goulard to the new European Commission (Fairness, Trust and the Rule of Law: Statement on the European Parliament’s confirmation procedure concerning Sylvie...
Table of Contents: I. Introduction: the Achmea judgment. – II. The European Commission's assessment and the EU Member States’ position. – III. Potential consequences for existing BITs, CETA and future trade and investment agreements. – III.1. Various forms of applicable law clauses. – III.2. Extra-EU BITs which are silent on the applicable...
Table of Contents: I. Introduction. – II. Achmea, from the perspective of international investment law specialists. – III. An impressive set of consequences inferred from Achmea. – IV. Achmea and the European integration process.
Abstract: The Achmea case has...
Table of Contents: I. Introduction. – II. Who trumps who? – II.1. Is EU law autonomous? – II.2. EU law and Member States’ BITs. – II.3. The peculiar case of the ECT. – III. Achmea or how international investment tribunals do not understand EU law. – III.1. Why investment tribunals do not have jurisdic-tion in all intra-EU disputes? – III.2. The Advocate...
Table of Contents: I. Introduction. – II. Beyond autonomy: mutual trust applies to investment protection and beyond. – III. The application of Achmea by investor-State tribunals. – IV. The consequences: how Member States have committed to apply Achmea.
Abstract: This Article...
The elections of May 26 have been welcomed with a sense of relief by the inhabitants of the European districts in Brussels and Strasbourg. If, on the eve of the elections’ day, the dominant mood was fear of a euro-sceptic landslide, that would have deepened the cleavage between peoples and elites and shaken at its roots the process of integration, this mood has gradually...
Table of Contents: I. Introduction. – II. Achmea’s relevance as a precedent for Opinion 1/17. – III. Application of the Achmea test to the CETA tribunal. – IV. Conclusion: an Opinion foretold?
Abstract: The Achmea judgment of the Court of Justice...
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