Table of Contents: I. Introduction. – II. Post-Charter situation at first glance. – III. Post-Charter situation: second thoughts. – III.1. Autonomy (first). – III.2. Legitimacy (when needed). – IV. Conclusion: what about the standard of protection?
Abstract: Whilst the ECtHR’s case-law has occupied...
Abstract: The relationship between EU law and the ECHR has undergone significant changes in recent decades. The EU has developed its own Charter of Fundamental Rights, gained powers to promote specific fundamental rights, and negotiations for EU accession to the ECHR are ongoing. These evolving parameters strengthen the interactions between the EU...
Table of Contents: I. Introduction. – II. The One Health approach: main conceptual features. – III. The One Health approach in EU policy and legislation. – III.1. The One Health approach in EU policies. – III.2. The One Health approach in EU legislation. – IV. The One Health approach in the European Green Deal. – V. Concluding discussion....
Table of Contents: I. Introduction. – II. From its commercial origin to the acquired purpose: the shifts of PNR data. – III. The EU-UK TCA and the problem of oversight in EU PNR Law. – III.1. The UK-EU TCA PNR provisions. – III.2. Operation of the TCA oversight provisions in practice. – III.3. Analysis. – IV. “Adequacy” standard for the UK-EU PNR...
Table of Contents: I. Introduction. – II. Overturning democracy in the name of the law: the use of creative compliance by EU autocratic legalists. – III. Setting the context: the Court’s ruling in Transparency of Associations. – III.1. The 2017 Transparency Law. – III.2. The Court is in session! – IV. (Almost) New actors, same old story:...
Abstract: The European Court of Justice's judgment in Keck and Mithouard (joined cases C-267/91 and C-268/91 ECLI:EU:C:1993:905) is one of the crucial judgments in the development of the free movement of goods, and EU internal market law more generally. Keck generated a vast number of scholarly commentaries. Its legacy has...
Abstract: This rewriting of Keck and Mithouard (joined cases C-267/91 and C-268/91 ECLI:EU:C:1993:905) is based on three categories of measures having equivalent effect: 1) national measures which disadvantage imported goods, 2) product requirements and 3) indistinctly applicable measures capable of...
Preface: Rewriting Landmark Judgments of the European Court of Justice: A New Project for European Papers and a New Way of ‘Doing EU Law’
Justin Lindeboom...
In contemporary systems of human rights protection the right to an effective remedy is acquiring a prominent place. It is, indeed, the right of the rights, as no right can be qualified as such unless it is assisted by an effective remedy. The effectiveness of the remedy is thus the indispensable instrument which complements every right, regardless of its nature and rank....
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