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The contribution of the European Union to the rule of law in the field of international investment law through the creation of a Multilateral Investment Court European Law Journal (IF 1.292) Pub Date : 2022-05-18 Colin M. Brown
The concept of the international rule of law has developed in a form distinct from, but related to, the rule of law at the domestic (or European) level. This article examines the notion of the international rule of law and then, after explaining the international system of investment protection and its dispute settlement system, sets these against the international rule of law. It concludes by looking
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Data retention and the future of large-scale surveillance: The evolution and contestation of judicial benchmarks European Law Journal (IF 1.292) Pub Date : 2022-05-12 Valsamis Mitsilegas, Elspeth Guild, Elif Kuskonmaz, Niovi Vavoula
Recent and upcoming judgments of the Court of Justice of the European Union (CJEU) have resurfaced a much-debated topic on the legal limitations of law enforcement authorities and intelligence services under EU law in implementing surveillance operations. In its decisions, the CJEU has reinstated and at times remoulded its case-law on data retention, unearthing a variety of legal issues. This article
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Banking Union's accountability system in practice: A health check-up to Europe's financial heart European Law Journal (IF 1.292) Pub Date : 2022-04-12 Marco Lamandini, David Ramos Muñoz
The Single Supervisory Mechanism (SSM) and Single Resolution Mechanism (SRM) form the Banking Union, which comprises EU authorities (ECB and SRB) and national authorities (NCAs and NRAs) with vast powers. Although crucial for its legitimacy, the Banking Union’s accountability is flawed, and not for the (stereo)typical reasons: accountability is a visible concept in SSM and SRM regulations, and political
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The federalism dimension of proportionality European Law Journal (IF 1.292) Pub Date : 2021-12-23 Armin Steinbach
EU Treaties contain an arsenal of purpose-defined and ambiguous competences that are enjoyed by EU institutions, yet devote little attention to the restraining impact of EU competences on Member States' autonomy and policies. While the focus has traditionally been on subsidiarity to deal with competence issues, the judgment of the Bundesverfassungsgericht in Weiss revitalises the discussion on the
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Manipulation by algorithms. Exploring the triangle of unfair commercial practice, data protection, and privacy law European Law Journal (IF 1.292) Pub Date : 2021-12-09 Philipp Hacker
The optimisation of sales practices in consumer markets through machine learning not only harbours the potential to better match consumer preferences with products, but also risks to facilitate the exploitation of consumer weaknesses discovered via data analysis. More specifically, recent technological advances have brought us to the edge of mind-reading technologies, which automatically analyse mental
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Issue Information European Law Journal (IF 1.292) Pub Date : 2022-02-02
No abstract is available for this article.
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The European Green Deal: The future of a polycentric Europe? European Law Journal (IF 1.292) Pub Date : 2022-02-02 Josephine van Zeben
The Green Deal (GD) and the Conference on the Future of Europe (CoFoE) are both central to the EU's environmental, economic and social sustainability, even as many questions persist regarding their processes and outcomes. This article considers both processes as essential catalysts for, and tools of, a more polycentric Europe. It specifically wants to harness the problem-definition and problem-solving
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The future of EU Foreign, Security and Defence Policy: Assessing legal options for improvement European Law Journal (IF 1.292) Pub Date : 2021-12-08 Ramses A. Wessel, Elias Anttila, Helena Obenheimer, Alexandru Ursu
The EU's Common Foreign, Security and Defence Policy found its way into the Treaty 30 years ago, but it is still confronted with ‘specific rules and procedures’ that seem to stand in the way of its effectiveness. Against the background of the Conference on the Future of Europe, this contribution aims to identify ways to improve the CFSP's functionality, on the basis of both existing scholarly work
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From sneaking to striding: Combatting competence creep and consolidating the EU legislative process European Law Journal (IF 1.292) Pub Date : 2022-02-02 Sacha Garben
This paper argues that the EU legislative process should be used for taking all decisions at European level that matter, banning the various backroads of European decision-making (competence creep) that are currently legal but not legitimate. This is a silver bullet, resolving at once a range of seemingly disparate but intimately connected legitimacy problems across all areas of EU activity, that ultimately
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Can Scharpf be proved wrong? Modelling the EU into a competitive social market economy for the next generation European Law Journal (IF 1.292) Pub Date : 2022-01-13 Amandine Crespy
Criticism of the EU’s social deficit has become more vivid than ever following the socially regressive handling of the 2008–10 financial and debt crisis. In 2010, Fritz Scharpf famously argued that the EU ‘cannot be a social market economy’ owing to its institutional architecture, legal features, and collective action issues. The COVID-19 pandemic has nevertheless led to a new agenda combining investment
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Unboxing the Conference on the Future of Europe and its democratic raison d'être European Law Journal (IF 1.292) Pub Date : 2022-01-13 Alberto Alemanno
This article situates the Conference on the Future of Europe within past attempts at reforming the Union by unpacking its democratic raison d'être and its experimental participatory architecture. After rehearsing the standard account of its genesis, the article frames the Conference as an attempt at creating a new, yet temporary, transnational opportunity structure for participatory deliberation capable
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How to ensure that national parliaments (truly) ‘contribute actively to the good functioning of (tomorrow's) EU’? European Law Journal (IF 1.292) Pub Date : 2022-01-12 Diane Fromage
National parliaments have long been neglected in the European integration process, although the Lisbon Treaty significantly improved their status. Nonetheless, this article argues that there is still some margin for improvement. This article explains why this situation must be urgently remedied and proposes some pragmatic solutions to this end. It is argued that national parliaments should receive
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Linking “values” to EU trade policy—a good idea? European Law Journal (IF 1.292) Pub Date : 2021-12-28 Jacques Pelkmans
Should EU values be pursued by means of EU trade policy or separately via other policies? Article 21/3 TEU instructs the Council and the Commission to ‘ensure consistency between the different areas of its external action’, often (mis?)interpreted as a merger of all external policies with respect to values. Is this “merger” justified by the EU public interest? Linkage advocates are interested in the
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Can the Conference on the Future of Europe unlock the EU elections reform? Reflections on transnational lists and the lead-candidate system European Law Journal (IF 1.292) Pub Date : 2021-12-16 Olivier Costa
Despite the constant ‘parliamentarisation’ of the European Union, the supranational dimension of European elections remains limited. Forty years after its first elections, the European Parliament (EP) still suffers from two main problems: (i) its democratic representativeness is impaired by the diversity of national electoral rules and by the predominantly national dimension of electoral campaigns;
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Promoting the European way of life: Migration and asylum in the EU European Law Journal (IF 1.292) Pub Date : 2021-12-16 Elspeth Guild
Migration and asylum elicit intense debate in the EU. The Commission's New Pact for Migration and Asylum 2020 sought to diffuse some of the divisive issues among Member States by proposing a series of measures, mainly directed at diminishing asylum arrivals. In this article I argue that there is a profound incoherence at the centre of this policy, which is its embrace of the nineteenth-century theoretical
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Legislative, delegated acts, comitology and interinstitutional conundrum in EU law – configuring EU normative spaces European Law Journal (IF 1.292) Pub Date : 2021-12-02 Alexander H. Türk
This article seeks to contribute to The Conference on the Future of Europe by arguing that its debates on substantive policies and democratic foundations cannot be detached from consideration being given to the configuration of the Union's normative spaces in which those policies will be developed and implemented. In its current stage of development, we can find in the Union legal system two competing
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Democracy at the EU level: Folly or necessity? More work for a directly elected European Parliament European Law Journal (IF 1.292) Pub Date : 2021-10-26 Christopher Lord
It is often argued that the European Union needs legitimation by its Member State democracies. However, there is also a reverse dependence in which Member State democracies need some kind of European Union if they are to manage externalities between themselves in ways that are needed to deliver their most fundamental obligations to their own publics to secure rights, justice, freedom from arbitrary
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“A State in the disguise of a Merchant”: Tech Leviathans and the rule of law European Law Journal (IF 1.292) Pub Date : 2021-09-23 Christian D'Cunha
The rule of law is a check on power, requiring equal subjection of everyone to the law, irrespective of wealth or status. Power is not the exclusive preserve of the state, however, especially where rivalled by private entities that rise, in effect, above the law. Today’s tech giants throw the rule of law out of kilter by assuming the trappings of the state— one even has its own “supreme court”— while
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Issue Information European Law Journal (IF 1.292) Pub Date : 2021-09-02
No abstract is available for this article.
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The EU return system under the Pact on Migration and Asylum: A case of tipped interinstitutional balance? European Law Journal (IF 1.292) Pub Date : 2021-06-30 Izabella Majcher
The article holistically discusses the alleged new EU return system which the Pact on Migration and Asylum heralds. Absent any impact assessment accompanying the key draft legislative measures and any implementation report regarding the existing legislative instruments following the 2015 refugee-protection crisis, it provides both a substantial and a formal assessment of the proposed reform. A substantial
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The Conference on the Future of Europe: Process and prospects European Law Journal (IF 1.292) Pub Date : 2021-08-13 Federico Fabbrini
The article examines the Conference on the Future of Europe, discussing the process set in motion by the Joint Declaration adopted by the EU institutions in March 2021, and reflecting on its prospects. Drawing from precedents such as the Conference of Messina and the Convention on the Future of Europe, the article shows that the Conference on the Future of Europe is an out-of-the-box initiative originally
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Advocacy for a citizen-centric rule of law agenda: How do we bring the rule of law to life? European Law Journal (IF 1.292) Pub Date : 2021-08-13 Adis Merdzanovic, Kalypso Nicolaidis
How do we best defend the rule of law against its attackers, both within the European Union and outside of it? Often, the rule of law has been perceived as a domain belonging to jurists, lawyers, bureaucrats, or politicians. Yet at its most fundamental, the rule of law needs to be thought of from a citizen's perspective. When enforced, it guarantees freedoms and liberties for citizens and enables us
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Making the digital economy “fit for Europe” European Law Journal (IF 1.292) Pub Date : 2021-07-22 Andrea Renda
Over the past three decades, cyberspace has gradually become an engine of unsustainable outcomes from an economic, social and environmental perspective. The European Commission has launched several new initiatives, in the attempt to restore public control over cyberspace, remedy the distributional imbalances generated by the rise of large-scale digital platforms, and promote Europe's digital sovereignty
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Representation in Demoicracies. Contributions from Belgian Federalism for the Conference on the Future of Europe European Law Journal (IF 1.292) Pub Date : 2021-07-16 Peter Bursens, Petra Meier
The Conference on the Future of Europe aims at revising the democratic institutions of the EU. This contribution assesses representation in the EU through the lens of demoicracy, focusing on how the demos and the demoi are represented and how this interacts with the executive-legislative balance and party politics. As the Belgian polity is a living case for the EU but often as flawed as the latter
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An EU budget of states and citizens European Law Journal (IF 1.292) Pub Date : 2021-06-07 Richard Crowe
In a European Union of states and citizens, the budget of the Union continues to function principally as a budget between states. Despite various attempts over the decades to introduce reforms aimed at strengthening the connection with citizens, the budgetary system has shown itself to be resistant to change. However, the landmark agreements of 2020 on the new multiannual financial framework (MFF)
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Federal democracy, distributive justice and the future of Europe European Law Journal (IF 1.292) Pub Date : 2021-06-02 Arthur Benz
The ‘Conference on the Future of Europe’ aims to advance strategic policies and democracy in the EU. Discussions on these issues cannot afford to disregard a fundamental institutional dilemma of the EU's political system, the conflict between intense interdependence and power sharing in a multilevel polity for one, and autonomy of governments as a condition for democratic legitimacy of power for another
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Rule of law, national judges and the Court of Justice of the European Union: Let's keep it juridical European Law Journal (IF 1.292) Pub Date : 2021-05-28 Filipe Marques
The debate on the rule of law in the EU is mainly taking place from an EU law point of view, stemming from the analysis of CJEU judgments and its interpretation of general principles and primary EU law. This article argues that only by comprehending the global context of rise of populism and delegitimation of the judiciary may we realise the risks that national judges and the CJEU started to take when
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Border procedures in the Commission’s New Pact on Migration and Asylum: A case of politics outplaying rationality? European Law Journal (IF 1.292) Pub Date : 2021-05-07 Galina Cornelisse, Marcelle Reneman
This article demonstrates that the role of the European Commission in the area of asylum policy is characterised by an imbalance between politicisation and rationality. Politicisation of the role of the Commission is especially visible in its proposals for border procedures in the New Pact on Migration and Asylum. We show that the efficiency and effectiveness of these proposals are not supported by
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Differentiation or federalisation: Which democracy for the future of Europe? European Law Journal (IF 1.292) Pub Date : 2021-05-06 Sergio Fabbrini
Differentiation has become a central topic of debate in the EU. Generally, it is considered a positive device for advancing integration in crucial policies, letting the unwilling states opt out from the new regimes. However, the debate has not sufficiently acknowledged that policy differentiation has been made possible by governance differentiation. It was the 1992 Maastricht Treaty's decision to inaugurate
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More laws, less law: The European Union's New Pact on Migration and Asylum and the fragmentation of “asylum seeker” status European Law Journal (IF 1.292) Pub Date : 2021-04-29 Minos Mouzourakis
This article discusses the implications of elements of the New Pact on Migration and Asylum from the perspective of fragmentation of “asylum seeker” status. Different parts of the legislative package tabled by the European Commission in September 2020 call into question the EU law view of asylum seekers as a single, indivisible category of protected persons. The retreat of EU law at external borders
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What it takes to have a successful new Blue Card scheme: The practitioner's viewpoint European Law Journal (IF 1.292) Pub Date : 2021-04-28 Jo Antoons, Andreia Ghimis
The future skills and labour workforce shortages, together with the demographic challenges, and the economic impact of the COVID-19 sanitary crisis will increase the EU's need for highly skilled migration. In this comment, we argue that a successful reform of the EU Blue Card scheme should include more flexible eligibility criteria, process facilitations and generous intra-EU mobility provisions not
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A new narrative for European migration policy: Sustainability and the Blue Card recast European Law Journal (IF 1.292) Pub Date : 2021-04-28 Tesseltje de Lange
The Blue Card Directive 2009/50 has failed. It sets conditions for entry and residence in the EU for third-country nationals in highly qualified and well-paid employment. Recently, negotiations over its recast have come to life, and gives reason to discuss the way forward. This comment reflects on the European Blue Card Directive 2009/50 and its recast and the thoughts presented in this special issue
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The Blue Card revision is stuck: How might legal philosophy help? European Law Journal (IF 1.292) Pub Date : 2021-04-28 Johan Rochel
Since 2009, the “Blue Card Directive” has become one of the most important elements of the EU's legal immigration scheme for attracting the best immigrants to Europe. Taking advantage of its current revision, this contribution takes a legal theoretical look at the Directive. Drawing upon the republican conception of freedom defined as the absence of arbitrary interferences, this paper sheds light on
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Becoming a refugee: searching for home European Law Journal (IF 1.292) Pub Date : 2021-04-21 Nadia Fayidh Mohammed
Leaving Iraq at the age of 37, after having built a life for myself there, was like uprooting a fully grown tree to plant it in a different soil. Back home, I had my parents, five sisters, three brothers and ten nephews and nieces surrounding me, providing me with the emotional and moral support I needed to survive. For some reason, they had managed to build their lives away from the danger, uninvolved
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Opening up a new chapter of law-making in international law: The Global Compacts on Migration and for Refugees of 2018 European Law Journal (IF 1.292) Pub Date : 2021-02-18 Peter Hilpold
The endorsement/affirmation of the Global Compact on Migration and the Global Compact for Refugees in December 2018 has been accompanied by an intense discussion about the need to introduce new norms in these fields and about the actual legal force of the respective provisions. There was and there persists an open contrast between the openly declared non-bindingness of these Compacts and the widespread
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The rule of law as the lodestar of the European Convention on Human Rights: The Strasbourg Court and the independence of the judiciary European Law Journal (IF 1.292) Pub Date : 2021-02-04 Robert Spano
The rule of law is a constitutional principle under the European Convention on Human Rights. Throughout its history, the rule of law has been the lodestar guiding the development of the case-law of the European Court of Human Rights. In recent years, the normative impact of this principle has been increasing in the case-law of the Court, in particular in cases dealing with the independence of the judiciary
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BREXIT, democracy and the rule of law European Law Journal (IF 1.292) Pub Date : 2020-12-22 Aidan O'Neill
This article employs the image of the antisyzygy, the yoking of opposites, as an analytical tool to understand the dynamic and unresolved tensions built into the very idea of the European Union. It describes the EU as a forming a supranational constitutional space which does not supersede nation states, but instead seeks to preserve their specific identities while promoting and protecting the fundamental
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Issue Information European Law Journal (IF 1.292) Pub Date : 2020-11-27
No abstract is available for this article.
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What the European Law Journal stands for European Law Journal (IF 1.292) Pub Date : 2020-11-27 Karine Caunes
Editorial: What the European Law Journal stands for; The ELJ's ecosystem; A call for ELJ Scientific Committee members; In this issue** In law as in life, there are exceptional people who cross your path, people who understand you and a situation in the blink of an eye, people who give disinterested but always thoughtful advices. To Loïc Azoulai, thank you. And since a journey is always multifaceted
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Better law‐making and the interinstitutional (dis)agreements: Some comments European Law Journal (IF 1.292) Pub Date : 2020-11-27 María José Martínez Iglesias
This work argues that there is no univocal interpretation of what regulatory policy is and pursues. Taking the strategy of the European Commission as a starting point only, it addresses more specifically the Union legislature's perspective, which, in a democratic decision‐making process, cannot compromise its autonomy. In the unique constitutional universe of the European Union, the “Better Law‐Making”
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From the French Citizens' Convention on Climate to the Conference on the Future of Europe: A participatory science and democracy perspective European Law Journal (IF 1.292) Pub Date : 2020-11-27 Laurence Eymard
The Citizens' Convention on Climate (CCC) gathered 150 people, randomly selected but representing the diversity of French society. Its mandate was to formulate a series of concrete measures aimed to achieve at least a 40% reduction of greenhouse gas emissions by 2030 (compared to 1990) while preserving social justice. The citizens auditioned experts on various topics from climate to economics and then
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Plaidoyer for a Social Europe European Law Journal (IF 1.292) Pub Date : 2020-11-04 Fernando Vasquez
‘It is with great sadness that his many friends learned of the passing of Fernando Vasquez, on 16 July 2020, in Porto. I met Fernando Vasquez some thirty years ago, at a time when, together with Jean‐Jacques Paris, another friend who recently passed away, and under the direction of Odile Quintin in DG V of the European Commission, he was working on building a Social Europe. That was before the European
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Is the medicine right? European Law Journal (IF 1.292) Pub Date : 2020-09-24 Gabriella Meloni
Is asking the Better Regulation Agenda (BRA) to answer the same preconditions it requires for any regulatory action a proper treatment? Does any assessment of the agenda necessarily imply a thorough definition of the costs and the benefits deriving from its application or is it enough to provide a few key insights to perform it? Is the BRA really so ideological, deriving from “a liberal analytical
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A taste of its own medicine: Assessing the impact of the EU Better Regulation Agenda European Law Journal (IF 1.292) Pub Date : 2020-03-05 Sacha Garben
This article performs an ‘impact assessment’ of the EU Better Regulation Agenda. It considers whether there is a clear definition of the problems that the EU Better Regulation seeks to address, the evidence base, whether Better Regulation more effectively responds to those problems than alternative options, and what the costs, benefits and broader impacts of the the Agenda may be. The analysis suggests
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The contribution of EU public procurement law to corporate social responsibility European Law Journal (IF 1.292) Pub Date : 2020-03-01 Laurens Ankersmit
This article argues that while EU public procurement law increasingly allows public authorities to take environmental and social considerations into account in public purchasing decisions, it does impose limits on the possibility for authorities to incentivise corporate social responsibility (CSR) policies through public procurement. These specific limits are the result of the EU legislator's choice
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Towards Europeanisation through the proportionality test? The impact of free movement law on medical professional discipline European Law Journal (IF 1.292) Pub Date : 2020-03-01 Barend Leeuwen
Medical doctors can exercise their free movement rights to escape the control of professional regulation at the national level. This “darker side” of free movement of doctors has received a lot of attention. This article will show that the free movement provisions play an increasingly important role in medical disciplinary cases. The application of free movement law can make a positive contribution
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Levelling the EU participatory playing field: A legal and policy analysis of the Commission's public consultations in light of the principle of political equality European Law Journal (IF 1.292) Pub Date : 2020-03-01 Alberto Alemanno
The EU Commission has a long tradition of consulting interested parties when formulating its policies. While the rationale, format and legal basis relied upon by the Commission when holding public consultations have changed over time, its systemic inability to make those consultations equally accessible to all affected parties has remained constant. This article, by engaging with theoretically informed
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Rediscovering the public/private divide in EU private law European Law Journal (IF 1.292) Pub Date : 2019-12-18 Olha O. Cherednychenko
This article explores the role of the public/private divide within EU private law. It shows that although EU private law cuts across the boundaries of public and private law, the conceptual distinction between these well‐established categories does matter within it and may lead to better law‐making in the EU more generally. The legal grammar of a particular EU harmonisation measure—which can be more
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Issue Information European Law Journal (IF 1.292) Pub Date : 2019-12-17
No abstract is available for this article.
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Shifting Boundaries of Membership: The politicisation of free movement as a challenge for EU citizenship European Law Journal (IF 1.292) Pub Date : 2019-12-15 Sandra Seubert
This article discusses freedom of movement under the lens of shifting boundaries of membership and traces the tension between the political and the economic rationale of European integration. It first reflects on the normativity of free movement and links it to the foundations of modern democratic citizenship. Subsequently, it discusses the role of free movement in the construction of EU citizenship
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Issue Information European Law Journal (IF 1.292) Pub Date : 2019-11-26
No abstract is available for this article.
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Vulnerability as a normative argument for accommodating “justice” within the AFSJ European Law Journal (IF 1.292) Pub Date : 2019-11-01 Francesca Ippolito
Vulnerability is a concept that stems from ethics and legal theory. It has progressively gained momentum in international human rights law, in particular in the European contextof the European Court of Human Rights adjudications. Also, the European Union is sensitive to it.By the introduction of competences in the Area of Freedom, Security and Justice (AFSJ) we are witnessing a progressive “vulnerabilisation”
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Staring into the abyss: A crisis of the rule of law in the EU European Law Journal (IF 1.292) Pub Date : 2019-11-01 Melanie Smith
Acceptance of the meaning, operation and enforcement of the rule of law in the EU by its Member States is critical to the Union's legitimacy. Any perceived or real crisis in the rule of law thus merits careful consideration. This article focuses on how a crisis in the rule of law occurred within the EU and how the intended ambiguity of the rule of law has entrenched this crisis. This article argues
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Components of Legal Concepts: Quality of Law, Evaluative Judgement, and Metaphorical Framing of Article 8 ECHR European Law Journal (IF 1.292) Pub Date : 2019-11-01 Jacob Livingston Slosser
This paper looks at the use of metaphor and its effect on the interpretation of the ‘quality of law’ in Art. 8 cases of the European Court of Human Rights. It demonstrates the Court's reproduction of specific metaphorical frames ‐ a finding consistent with the use of metaphor in judgment experiments in cognitive linguistics. The Court employs metaphors conceptually coherent with those used in their
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Towards a common standard of protection of the right to housing in Europe through the charter of fundamental rights European Law Journal (IF 1.292) Pub Date : 2019-11-01 Padraic Kenna, Héctor Simón‐Moreno
The trend towards the financialisation of housing since the 1980s and the global financial crisis exposed a dramatic lacuna in the legal protection of the right to housing. Yet, the right to housing features not only in national and international human rights instruments, but also in the EU Charter of Fundamental Rights. Charter rights are increasingly finding expression in the case law of the Court
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The citizen‐makers: Ethical dilemmas in immigrant integration European Law Journal (IF 1.292) Pub Date : 2019-10-31 Liav Orgad
The topic of citizen‐making—turning migrants into citizens—is one of the most politically contested policy areas in Europe. Access to European citizenship is governed by national law with almost no EU regulation. The Article brings to the fore normative concerns associated with citizen‐making policies in Europe (Section 2). It examines ethical dilemmas involved in the process of creating new citizens
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Discourse theory of law in times of populism European Law Journal (IF 1.292) Pub Date : 2019-09-01 Christian Marxsen
Jurgen Habermas's discourse theory of law has shaped debates on what we consider to be legitimate law. This contribution will firstly identify the Zeitgeist in which discourse theory emerged. Secondly, it points out the emancipatory potential of law that discourse theory has helped us to understand, both on a domestic and a transnational level. Thirdly, the paper turns to discuss two recent challenges
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Demultilateralisation: A cognitive psychological perspective European Law Journal (IF 1.292) Pub Date : 2019-09-01 Anne Aaken, Johann Justus Vasel
This contribution seeks to illuminate the looming phenomenon of demultilateralisation and the return of and to the nation state, i.e. closure. Whereas many reasons for opening and closure have been discussed by Habermas in his eminent essay, we aim at providing an additional dimension, taking a psychological point of view and analysing this proclivity from a behaviourally informed perspective. Following
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The inverted postnational constellation: Identitarian populism in context European Law Journal (IF 1.292) Pub Date : 2019-09-01 Albena Azmanova, Azar Dakwar
As exemplified by the pan‐European ‘Identitarian movement’ (IM), contemporary far‐right populism defies the habitual matrix within which right‐wing radicalism has been criticised as a negation of liberal cosmopolitanism. The IM's political stance amalgamates features of cultural liberalism and racialist xenophobia into a defence of ‘European way of life.’ We offer an alternative decoding of the phenomenon
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Of citizens and plebeians: Postnational political figures in Jürgen Habermas and Jacques Rancière European Law Journal (IF 1.292) Pub Date : 2019-09-01 Matthias Flatscher, Sergej Seitz
This paper focuses on Habermas's notion of cosmopolitan democracy. Reconfiguring the basic ideas of democracy in postnational terms is inevitable if social and political integration is to succeed on a supranational level. In exploring Habermas's ideas, we draw on Ranciere, whose thought stands in a complex relationship to Habermas. On the one hand, Ranciere largely shares Habermas's diagnosis of the