Freedom of establishment of companies has always been a delicate area of EU law. The challenge of achieving political consensus has delayed the process of harmonization and prompted creative adjudication. The CJEU, particularly in the Polbud case, just confirmed in Edil Work, has … [Read more...]
Tear Down the Wall! Should the Charter of Fundamental Rights be Extended to Purely Internal Situations? Reflections on the European Parliament’s Proposals to Amend the EU Treaties
This article examines the implications of abolishing the so-called purely internal rule, an “invisible wall” introduced by the European Court of Justice (ECJ) in 1979, which limits the application of the EU’s internal market freedoms and, accordingly, of the Charter of … [Read more...]
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Preliminary rulings on validity of European Union acts: an initial empirical analysis
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A Recap 30 Years after Keck: Unbridgeable Differences or Recurring Tales in EU Market Jurisprudence?
More than 30 years ago, the European Court of Justice (“ECJ” or “Court”) adopted its famous decision in Keck. While the debate about the state of market jurisprudence has not caught much attention in recent years, discrepancies between Keck and subsequent case law, particularly … [Read more...]
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Shifting the Institutional Balance in Times of Crisis? The Expanding Role of the Council in the Implementation of EU Spending Instruments
This paper examines the evolving role of the Council in the implementation of EU law, particularly regarding crisis-related spending instruments. The Treaties reserve the implementation of EU law for the Commission and Member States and only exceptionally for the Council. … [Read more...]
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