The EU Green Deal and the Transformations of the European Administrative System: Does the 'Epistemic Leadership' of the Scientific Advisory Board Push the Agency Model over the Sunset Boulevard?

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Table of Contents: I. Setting the scene. – II. The (more than) discreet charm of EU agencies. – III. The evolution of the European regulatory space: the EU Green Deal as a transformative project. – IV. The European Environment Agency within the institutional architecture of the Green Deal: role and functions. – V. The EU Scientific Advisory Board on...

The Ne Bis in Idem Principle in the Age of Balancing

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Table of Contents: I. Dual-track proceedings and the current scope of protection. – II. The need for a clear notion of “idem”. – III. The “sufficiently close connection in substance and time”: ECtHR case-law post A and B v Norway. – IV. The “sufficiently close connection in substance and time”: the unspoken balancing act engaged in by the...

The Value of Democracy in EU Law and Its Enforcement: A Legal Analysis

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Table of Contents: I. Introduction. – II. Democracy as a value of EU Law. – II.1. The development of the value of democracy in the European Union – II.2. The value of democracy in art. 2 TEU and the Copenhagen criteria – III. The value of democracy beyond art. 2 TEU. – III.1. Right to vote and to stand as a candidate – III.2. Art. 10 TEU – III.3....

The Externalisation of EU Migration Policies in Light of EU Constitutional Principles and Values: Reconciling the Irreconcilable? An Introduction to the Special Section

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Abstract: In recent years, the European Union (EU) has substantially intensified its activities directed at externalising border/migration management towards the territories of third countries. This specific model of EU migration management is often realized at the expense of democratic scrutiny, judicial supervision, transparency and, most...

EU External Cooperation on Migration: In Search of the Treaty Principles

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Table of Contents: I. Introduction. – II. The EU Treaty as guidance for rule of law, democracy and fundamental rights. – II.1. Constitutionalisation of the EU values. – II.2. Guidance for the Member States. – II.3. Guidance for the EU. – II.4. Guidance for the external dimension of EU action. – III. External dimension of EU asylum and migration...

Tackling Migration Externally Through the EU Common Foreign and Security Policy: A Question of Legal Basis

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Table of Contents: I. Introduction. – II. Background: setting CFSP/CSDP missions on migration. – III. CFSP/CSDP missions versus AFSJ instruments. – III.1. Competence question. – III.2. Institutional implications for decision–making procedures. – III.3. ECJ competences and judicial protection. – IV. The ECJ doctrine on the choice of the appropriate...

EU Member States’ Responsibility Under International Law for Breaching Human Rights When Cooperating with Third Countries on Migration: Grey Zones of Law in Selected Scenarios

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Table of Contents: I. Setting the scene. – II. Challenges of EU Member States’ extraterritorial border management measures in select scenarios. – III. Allocating international responsibility of EU Member States for their extra-territorial border management activities: Twilight zone. – III.1. First scenario: Activities carried out by EU Member States...

Regulation of Crypto-assets in the EU: Future-proofing the Regulation of Innovation in Digital Finance

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Table of Contents: I. Introduction. – II. Regulating innovation in the digitalised age. – II.1. Impact of regulation on innovation. – II.2. Crypto-assets as innovation: a moving target. – III. The regulation of crypto-assets in the EU. – III.1. The MiCA framework, its objectives and challenges. – III.2. Activity- and risk-based approach to...

Digital Libraries Under EU Copyright Law: A Relationship Set in Stone?

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Table of Contents: I. Introduction: libraries and copyright law in the digital networked environment. – II. Digital library developments: institutional organisation, purpose and functions. – III. Assessment: digital libraries under the modernised DSM directive: is EU copyright law currently future-proof? – III.1. Institutional organisation. – III.2...

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