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Decision-making procedures

The “255 Committee” and the Procedure for Appointing EU Judges. The (Perhaps Unintended) Implications of the Valancius Judgment

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  • 8436 reads
M. Eugenia Bartoloni

Keywords: EU judges' appointment procedure – “255 Committee” – judicial independence – art. 19 TEU – art. 254 TFEU – judicial review.

In its judgment of 29 July 2024, delivered in the Valančius case,[1] the Court of Justice ruled, for the first time, on the limits that...

European Papers, 15.12.2024 | Posted in
The Constitutional Dimension of the European Union, The institutional system, Decision-making procedures, Judicial review

Breaking a Tradition: How Signing of Agreements Is No Longer a Matter for the Council

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  • 22675 reads
Davide Genini

Abstract: The European Union has always concluded international agreements with third countries and international organisations as an integral component of its external action. In contrast to its predecessors, the Treaty of Lisbon introduced a uniform procedural framework for the negotiation and conclusion of international agreements in art. 218...

European Papers, 25.06.2024 | Posted in
The Constitutional Dimension of the European Union, The institutional system, The sources of EU law, Decision-making procedures, The European Integration Through Human Rights, The external action of the European Union

Who You Gonna Call? Insights from the ECJ’s Case C-551/21 on the Signature of International Agreements

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  • 13257 reads
Felipe Tomazini de Souza

Abstract: The current Insight analyses the judgment of the European Court of Justice in Case C-551/21, which upheld the Commission's claim regarding its right to exercise the external act of treaty signature. The decision sheds light on the signature procedure outlined in art. 218 TFEU and adds to previous cases, clarifying the proper...

European Papers, 18.06.2024 | Posted in
The Constitutional Dimension of the European Union, The institutional system, The sources of EU law, Decision-making procedures, The International Dimension of European Integration, The external action of the European Union

Nuances et limites de l’unité de l’UE dans sa réponse à l’invasion de l’Ukraine par la Russie

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Ludivine Luc

Abstract: In response to Russia's invasion of Ukraine on 24th February 2022, the European Union adopted clear position under its Common Foreign and Security Policy. Yet, the EU has to deal with opposite state policies that illustrate persisting dissensions between its Member States. In the meantime, the international context forces the EU to face up...

European Papers, 12.06.2024 | Posted in
The Constitutional Dimension of the European Union, Decision-making procedures, The International Dimension of European Integration, Security and military integration

The Human-centric Perspective in the Regulation of Artificial Intelligence

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  • 35232 reads
Anna Pirozzoli

Abstract: The development of new emerging technologies, such as artificial intelligence, has sparked a scientific debate on their risks and benefits. This debate necessitates legal and regulatory considerations, particularly regarding the balance between technological growth and the protection of human rights. This Insight analyses the...

European Papers, 20.05.2024 | Posted in
The Constitutional Dimension of the European Union, The sources of EU law, Decision-making procedures, EU Policies and the Area of Freedom, Security and Justice, Union Policies

The EU and Russian Aggression: Perspectives from Kant, Hobbes, and Machiavelli

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  • 14843 reads
Joris van de Riet and Femke Klaver

Abstract: This Insight examines the stance the EU should adopt towards the Russian invasion of Ukraine on the basis of the political thought of Immanuel Kant, Thomas Hobbes, and Niccolò Machiavelli. Taking as its starting point Josep Borrell’s comment that “we are too much Kantians and not enough Hobbesians” at the 2022 EU Ambassadors’...

European Papers, 16.02.2024 | Posted in
The Constitutional Dimension of the European Union, The institutional system, Decision-making procedures, The International Dimension of European Integration, The external action of the European Union, Security and military integration

Mutual Trust and EU Accession to the ECHR: Are We Over the Opinion 2/13 Hurdle?

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Eleonora Di Franco and Mateus Correia de Carvalho

Abstract: After more than forty years of discussion and a decade after the CJEU struck down EU accession to the ECHR in Opinion 2/13, negotiators provisionally approved a new version of the Accession Instruments in March 2023. This Insight examines how this new draft of the Accession Instruments has addressed the mutual trust concerns...

European Papers, 22.01.2024 | Posted in
The Constitutional Dimension of the European Union, The sources of EU law, Decision-making procedures, The European Integration Through Human Rights, Protection of human rights in Europe, The International Dimension of European Integration, Integration through the Council of Europe

Sanctions and the Geopolitical Commission: The War over Ukraine and the Transformation of EU Governance

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  • 12509 reads
Clara Portela

Abstract: As a result of the invasion of Ukraine, the Commission has been increasing its weight throughout the EU sanctions process. This transformation is visible in the formation, implementation and communication of sanctions. Formulation has become less member state-driven, implementation has undergone some steps towards centralisation, and...

European Papers, 15.01.2024 | Posted in
The Constitutional Dimension of the European Union, The institutional system, Decision-making procedures, The International Dimension of European Integration, The external action of the European Union

The Preliminary Ruling Procedure 2.0

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  • 23185 reads
Davor Petrić

Abstract: The end of 2022 saw the publication of the proposal for reform of the preliminary ruling procedure, drafted by the Court of Justice of the EU. If the proposal goes through, it will bring about one of the most significant changes in the EU judicial system in its seventy years’ history. In this Insight, I start with an overview of the...

European Papers, 19.04.2023 | Posted in
The Constitutional Dimension of the European Union, The institutional system, Decision-making procedures, Judicial review

Five Surgical Strikes on the Treaties of the European Union

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Andrew Duff

An Unusual Insight: A short premise by the Board of Editors. This is an unusual Insight. It does not look at the existing law of the Union but rather at its possible and auspicious development. It does not ad-dress only the scholarly world, but also the much wider circle of persons interested in the future of the Union. In spite of this feature, or...

European Papers, 11.04.2023 | Posted in
The Constitutional Dimension of the European Union, The institutional system, The sources of EU law, Decision-making procedures, Competences
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