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Competences

The If and the How: Losing the EU Citizenship, but with Due Regard to the Due Process of (EU) Law

Insight
  • 22810 reads
Francesco Luigi Gatta

Abstract: The judgment in Stadt Duisburg, concerning the loss of German (and, thus, EU) citizenship in the context of naturalization proceedings, adds a new chapter to the “judicial saga” of loss of a Member State’s citizenship and compatibility of its national measures with EU law. This Insight focuses on such a case-law of the...

European Papers, 18.06.2024 | Posted in
The Constitutional Dimension of the European Union, Competences, Internal Market - Freedoms of Movement and Competition Law, Internal market - Economic freedoms of movement, Citizenship

Five Surgical Strikes on the Treaties of the European Union

Insight
  • 22940 reads
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

PL Holdings case: The Investor Ordered to Pay the Expropriating State's Costs, a New Consequence of Achmea

Insight
  • 12629 reads
Raphaël Maurel

Abstract: In the Swedish Supreme Court's epilogue to the PL Holdings case, the expropriated company lost all its claims against Poland, which had expropriated it. Applying the case law of the Court of Justice of the European Union (CJEU) on intra-European investment arbitration, the Supreme Court did not merely invalidate the ad hoc...

European Papers, 10.02.2023 | Posted in
The Constitutional Dimension of the European Union, Competences, The impact of EU law over national law, Internal Market - Freedoms of Movement and Competition Law, Companies, EU Policies and the Area of Freedom, Security and Justice, Union Policies

The Court of Justice Finally Rules on the Analogical Application of Art. 351 TFEU: End of the Story?

Highlight
  • 6566 reads
Luca Pantaleo

Keywords: article 351 TFEU – prior agreements – Member States international obligations – treaty conflict – conflict clause – analogical application.

As is well-known, art. 351 TFUE is a so-called conflict clause within the meaning of art. 30(2) of the Vienna Convention of the Law of Treaties. Conflict rules are common...

European Papers, 11.01.2023 | Posted in
The Constitutional Dimension of the European Union, The institutional system, The sources of EU law, Judicial review, Competences

The Green Deal and the Case for a Soil Health Framework Directive

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  • 8430 reads
Stefano Montaldo

Keywords: soil – Green Deal – climate change – Framework Directive – environmental law – subsidiarity.

In its 2020 Report on the State of the Environment, the European Environment Agency highlighted the increasingly serious degradation of EU soils.[1] Soils constitute largely...

European Papers, 27.07.2022 | Posted in
The Constitutional Dimension of the European Union, The sources of EU law, Decision-making procedures, Competences

The European Union’s Financial Contribution to the Response to the Covid-19 Crisis: An Overview of Existing Mechanisms, Proposals Under Discussion and Open Issues

Insight
  • 11307 reads
Emanuel Castellarin

Abstract: This Insight contains an overview of the measures through which EU institutions and organs financially contribute to the response to the Covid-19 crisis. Measures address direct support to public health and to humanitarian aid, research, and economic and social consequences of the crisis. The response is the most diverse, as it...

European Papers, 23.07.2020 | Posted in
The Constitutional Dimension of the European Union, Competences, The International Dimension of European Integration, Economic, financial and social integration

The PSPP Judgment of the German Federal Constitutional Court: Throwing Sand in the Wheels of the European Central Bank

Insight
  • 30177 reads
Annamaria Viterbo

Abstract: After describing the measures adopted by the European Central Bank (ECB) to mitigate the crisis caused by the COVID-19 pandemic in the euro area, the Insight focusses on the repercussions of the controversial judgment adopted by the German Federal Constitutional Court (BVerfG) on 5 May 2020. It is contended that the criteria...

European Papers, 26.06.2020 | Posted in
The Constitutional Dimension of the European Union, Competences, The impact of EU law over national law, EU Policies and the Area of Freedom, Security and Justice, Union Policies, Economic and monetary union

Filtrage des investissements directs étrangers dans l’UE et COVID-19: vers une politique commune d’investissement fondée sur la sécurité de l’Union

Insight
  • 9839 reads
Sabrina Robert-Cuendet

Abstract: This Insight examines the EU’s response to foreign direct investment in the context of the COVID-19 pandemic. The crisis has revealed the increased risk of attempts to acquire EU healthcare capabilities or EU strategic industries via foreign direct investments (FDI). As positive law stands, EU Member States are responsible for...

European Papers, 13.06.2020 | Posted in
The Constitutional Dimension of the European Union, Competences, The International Dimension of European Integration, Economic, financial and social integration

European Solidarity in Times of Emergency: An Introduction to the Special Focus on COVID-19 and the EU

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  • 5333 reads
Charlotte Beaucillon

Keywords: COVID-19 and the EU – European Solidarity – EU Values – EU Policies – EU Competences – New Research Paths.
 

On 13 March 2020, the World Health Organization (WHO) declared Europe the active centre of the COVID-19 pandemic. One month later, on 14 April 2020, several European Union Member States were...

European Papers, 25.04.2020 | Posted in
The Constitutional Dimension of the European Union, Competences, Internal Market - Freedoms of Movement and Competition Law, Internal market - Economic freedoms of movement, Citizenship, EU Policies and the Area of Freedom, Security and Justice, Union Policies, Economic and monetary union, Visas, asylum and immigration, The European Integration Through Human Rights, Protection of human rights in Europe, Solidarity and economic and social rights, The International Dimension of European Integration, The external action of the European Union, Security and military integration, International trade law and policy

Rethinking Solidarity in View of the Wanting Internal and External EU Law Framework Concerning Trade Measures in the Context of the COVID-19 Crisis

Insight
  • 10763 reads
Benedikt Pirker

Abstract: The present Insight looks at the EU and the international law framework concerning trade measures in the context of the COVID-19 crisis, focusing on export restrictions. As is shown, the legal framework is fairly permissive with regard to EU Member States, but also the EU as an international actor. Taking into account economics–...

European Papers, 25.04.2020 | Posted in
The Constitutional Dimension of the European Union, Competences, Internal Market - Freedoms of Movement and Competition Law, Internal market - Economic freedoms of movement, EU Policies and the Area of Freedom, Security and Justice, Union Policies, Economic and monetary union, Visas, asylum and immigration, The European Integration Through Human Rights, Protection of human rights in Europe, Solidarity and economic and social rights, The International Dimension of European Integration, The external action of the European Union, Security and military integration, International trade law and policy
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