Institutionalising Solidarity: A Genuine Challenge for Europe

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Table of Contents: I. Introduction. – II. A remarkable piece of scholarship for the conceptual approach chosen. – III. Reflecting on the foundational concept: the centrality of collective bargaining.

Abstract: In Solidarity and Conflict (Cambridge: Cambridge University Press, 2018),...

Regulating Tax Competition in the Internal Market: Is the European Commission Finally Changing Course?

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Table of Contents: I. Introduction. – II. Tax competition and the EU internal market: from beneficial to ever more dangerous. – II.1. The place of tax provisions in the EU internal market setup. – II.2. Tax competition within the EU internal market. – II.3. Current position: “aggressive” tax competition calls for EU intervention. – III. Overcoming “...

Some Reflections on Achmea’s Broader Consequences for Investment Arbitration

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Table of Contents: I. Introduction. – II. A delicate good: autonomy of the EU legal order. – III. Consequences for CETA’s Investment Court System. – IV. Intra-EU BITs: national courts as the guardian of the Union of law. – V. Autonomy as an obstacle to the Union submitting to the jurisdiction of international courts or tribunals. – VI. The future of...

At the Roots of Regulatory Competition in the EU: Cross-border Movement of Companies as a Way to Exercise a Genuine Economic Activity or just Law Shopping?

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Table of Contents: I. Free movement of companies and regulatory competition in the EU: Some introductory remarks. – II. Lack of genuine economic activity in the host State and the application of Treaty rules on freedom of establishment to the transfers of companies. – II.1. An economic activity-based definition of establishment: AG Kokott in ...

The Future of Social Europe and of European Integration at a Crossroads: How Can We Recover and Enforce Solidarity as a Fundamental Principle of European Constitutional Law (or Die)?

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Table of Contents: I. A reference point in the crucial debate about social Europe. – II. Social Europe and European integration today: a worrying picture. – III. A constructive approach. – IV. Judicial enforcement of solidarity: possibilities and limitations. – V. Strengthening cooperation and synergies (il faut cultiver notre jardin). – VI...

Regulatory Competition in the EU: Foundations, Tools and Implications – Introduction

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Abstract: The Special Section investigates, from a multidisciplinary perspective, foundations, tools and implications of regulatory competition in the EU legal order. The analysis takes the view that regulatory competition is not just an inevitable corollary of the creation of the internal market, but it is the result of political choices made to...

The False Commodity in the European Game of Legal Chairs: Between the Ideal of Regulatory Competition and the Practice of Capitalism Triumphant

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Table of Contents: I. From the legal regulation of cross-border relations to systematic policy and regulatory competition. – II. European Community law as the discipline of cross-border legal relations. – II.1. Community law as the European law of conflict: coordinating public power through law. – II.2. The limits of Community law as European law of...

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European Forum

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Forum Européen

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Forum europeo

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