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

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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...

Citizenship, Coronavirus and Questions of Competence

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Abstract: Restrictions on movement imposed in all Member States have necessarily resulted in a restriction of free movement rights of Union citizens, albeit in an incidental manner. These restrictions are nonetheless facilitated by the relevant provisions of primary and secondary law. This is appropriate in light of the multi-level system of...

International and European Emergency Assistance to EU Member States in the COVID-19 Crisis: Why European Solidarity Is Not Dead and What We Need to Make It both Happen and Last

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Abstract: It is of course too early to draw conclusions about the European Union’s response to the COVID-19 crisis in its Member States while we are still in the midst of the health crisis. On the other hand, it is already possible to correct the widely shared first impression that European solidarity had been shattered. The available public data...

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

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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–...

EU-Vietnam Free Trade Agreement: Insights on the Substantial and Procedural Guarantees for Labour Protection in Vietnam

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Abstract: On 12 February 2020, the European Parliament gave its green light for a free trade agreement between the EU and Vietnam. After its conclusion by the Council and ratification by the Vietnamese General Assembly, it is likely to enter into force in early Summer 2020. During the long negotiation period, the project attracted criticism and...

The Issue of Data Protection in EU Trade Commitments: Cross-border Data Transfers in GATS and Bilateral Free Trade Agreements

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Abstract: The rapid technological developments and the increasing data flows have not yet been addressed through global coordination. The WTO has so far played a minor role, failing to update its treaties to the new reality of digital trade. To reduce the uncertainty as to the economic and privacy-related impacts of cross-border data flows,...

“In Between Seats”… The Conseil constitutionnel and the CETA

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Abstract: On 26 July 2017, the Conseil constitutionnel ruled upon the compatibility of an EU (mixed) agreement with the French Constitution. Its decision, which concerned the EU-Canada Comprehensive Economic and Trade Agreement (CETA), clarifies, from a national constitutional law perspective, the room of manoeuvre of the national judge...

Front Polisario: A Step Forward in Judicial Review of International Agreements by the Court of Justice?

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Abstract: In Front Polisario (judgment of 21 December 2016, case C-104/16 P, Council of the European Union v. Front Polisario [GC]), the Court of Justice was called to assess the validity of a decision that had concluded an agreement providing for reciprocal liberalisation measures on agriculture and fishery products between the EU...

Mixity in EU Foreign Trade Policy Is Here to Stay: Advocate General Sharpston on the Allocation of Competence for the Conclusion of the EU-Singapore Free Trade Agreement

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Abstract: It has been two decades since the Court of Justice had the chance to comprehensively assess the scope of the common commercial policy. In Opinion 2/15 on the EU-Singapore free trade agreement (FTA) the Court is now asked to determine how far the EU’s external competence stretches post-Lisbon. Ahead of the decision, AG Sharpston has...

The Front Polisario v. Council Case: The General Court, Völkerrechtsfreundlichkeit and the External Aspect of European Integration (First Part)

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Abstract: Over the last few years, the CJEU’s approach to international law has sparked a fierce debate in the literature. More recent case-law has challenged the narrative of the CJEU’s Völkerrechtsfreundlichkeit and it has called into question the EU’s carefully cultivated self-image as a global actor with an attitude of respect and...

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