Litigation has become a central tool in the toolbox of European civil society organizations (CSO) active in the field of asylum. Cases that challenge European migration control policies and human rights violations against asylum seekers have led to outcry by political actors, … [Read more...]
Is Carl Schmitt Still Relevant To Contemporary Public Law?
Carl Schmitt has had a surprising posthumous global career. Schmitt was a major legal thinker of the Weimar period, a leading legal voice of the German National Socialist regime and an influential behind the scenes intellectual presence in the West German public law scene after … [Read more...]
Religious Courts as State Courts and the Quest for Gender Equality: Normative Limits, Avoidance and Competition
Abuse of Rights and Corporate Mobility: (Re)Interpreting the Role of Companies in the European Social Market
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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