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"European (Integration) Law"
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National constitutions and EU integration
\"Do individual constitutions, and the legal cultures underlying them, pose an obstacle to future EU integration? This ambitious collections brings together reports from all the European Member States, systematically setting out their individual constitutional guarantees. In doing so, it tracks possible roadblocks to the future evolution of European integration. Written by recognised authorities in each Member State, it offers an authoritative and rigorous overview of the European Union's constitutional landscape. Its single-structure approach allows for comparison while maintaining consistency. It will become the standard reference work for academics, students, and practitioners in the field of European Union Law and integration\"-- Provided by publisher.
BOOK
The goals of EU competition law: a comprehensive empirical investigation
For any field of law, the goal it was designed to achieve permeates every aspect of its application and interpretation. This is particularly true when the black letter of the law is cryptic and silent on most aspects of how it should be interpreted and applied, as is the case with competition law, which for the most part revolves around a small number of highly abstract provisions. It is only natural then that ample scholarly work has been devoted to identifying the goals and purposes of competition law. By and large these attempts have been textual, historical, and teleological. We introduce here instead a quantitative analysis of the case law and present the results of the first empirical study into the goals and purposes of EU competition law as they emerge from the entirety of the case law of the European Court of Justice, opinions of the Advocate Generals, Commission decisions, and speeches of Commissioners for Competition. This body of almost 4,000 sources paints a comprehensive picture of the underlying goals of EU competition law, and helps conclusively confirm some previous insights while debunking others, thereby helping to advance the present application and future evolution of competition law.
Journal Article
The European Union beyond the polycrisis? : integration and politicization in an age of shifting cleavages
'The European Union Beyond The Polycrisis?' explores the political dynamics of multiple crises faced by the EU, both at European level and within the member states. In so doing, it provides a state-of-the-art overview of current research on the relationship between politicization and European integration. The book proposes that the EU's multi-dimensional crisis can be seen as a multi-level 'politics trap', from which the Union is struggling to escape. The individual contributions analyse the mechanisms of this trap, its relationship to the multiple crises currently faced by the EU, and the strategies pursued by a plurality of actors (the Commission, the European Parliament, national governments) to cope with its constraints.
Book
The Role and Meaning of Time in European Migration Law
This special issue deals with temporalities in migration law with particular emphasis on the European context. At the crossroads of several legal fields, including public law, human rights law, EU law and public international law, the topic is cutting-edge in migration law. The articles collected were originally presented at a conference organized at Vrije Universiteit in Amsterdam in June 2023 and another organized at Uppsala University in September 2024, both dealing with time and temporalities in migration law from a variety of perspectives. The aim of these conferences was to further develop the study of the roles of time in European migration law by unpacking the diversity of ways in which time works as an instrument of migration control in Europe. While temporal governance is far from limited to the European context – the US ‘remain in Mexico’ policy7 and the Australian temporary protection visa8 being only two examples – Europe is an interesting site of analysis. It is a forerunner in creating ‘innovative’ migration control policies9; it combines opposites, such as unhindered international movement within Europe for some, e.g., European citizens, alongside fierce immobility and stuckedness for others; it is characterized by a multilevel interplay marking the complexities of interaction between a multitude of different legal regimes and jurisdictions – domestic, EU and international (including the ECHR) – with strong human rights institutions and frameworks. This combination makes Europe a privileged site of inquiry. Drawing on this ‘forerunner quality’ and characterizing elements, this Introduction poses the question whether it is possible to distinguish a form of time one could call ‘European time’ to describe a specifically European approach to implementing temporal governance techniques in the field of migration.
Journal Article
The new goals of EU competition law: sustainability, labour rights, and privacy
Competition law is experiencing a transformation from a niche economic tool to a Swiss knife of broader industrial and social policy. Relatedly, there is a narrative that sees an expansive role for competition law in broad areas such as sustainability, privacy, and workers and labour rights, and a counternarrative that wants to deny it that role. There is rich scholarship on this area, but little empirical backing. In this article, we present the results of a comprehensive empirical research into whether new goals and objectives such as sustainability, privacy, and workers and labour rights are indeed endorsed in EU competition law and practice. We do so through an investigation into the totality of Court of Justice rulings, Commission decisions, Advocate General opinions, and public statements of the Commission. Our findings inject data into the debate and help dispel misconceptions that may arise by overly focusing on cherry-picked high-profile decisions while overlooking the rest of the EU’s institutional practice. We find that sustainability is partially recognised as a goal whereas privacy and labour rights are not. We also show that all three goals are more recent than classic goals, that EU institutions have not engaged much with the areas of sustainability, privacy, and workers and labour rights, and that the Commission’s rhetoric is seemingly out of pace with decisional practice. We also identify trends that may bode for change, and we contextualize our analysis through the lens of the history and nature of the EU’s integration and economic constitution.
Journal Article
Passing-On Unlawful Charges: Still No Small Matter
This contribution focuses on the so-called passing-on problem in actions for repayment of charges levied by Member States in breach of EU law. 'Passing-on' occurs when the economic burden of a charge levied from a business is passed on to burden that business' customers, and possibly even further down the supply chain. The main issues at stake in the passing-on problem are whether actual or possible passing-on should be relevant to the amount repayable, and whether (and against whom) downstream claimants should be able to bring an action in respect of an economic burden passed on to them. Using examples from their home jurisdictions Sweden and Norway, the authors demonstrate that the passing-on problem is a multi-million euro issue which remains governed by diverging national laws, albeit subject to some restrictions developed by the Court of Justice in the absence of EU harmonization. With a view to safeguarding legal certainty, the effective protection of EU law rights, and the elimination of random discrepancies among national rules that are crucial to the proper functioning of the internal market, the authors call for EU harmonization of the legal issues triggered by passing-on. To that end, the authors present two alternative models for harmonization.
Journal Article
Mutual Trust and the Dark Horse of Civil Justice
How to understand and deal with the principle of mutual trust, its emanations, interpretations, and imperatives has in recent years become one of the central and most critical issues in the development of the Area of Freedom Security and Justice (AFSJ). Civil justice may be the dark horse with respect to mutual trust among the policy areas of the AFSJ in the sense that it may show useful but hitherto hidden possibilities and have an un-tipped winning strategy. In particular, the balancing safeguards in legislation, the importance of which have been confirmed in case law, are important to ensure the fundamental right to a fair trial. However, that does not mean that mutual trust does not pose challenges in the context of civil justice. Hence, it remains important to focus on how—normatively, and by which regulatory means—to support mutual trust as well as how to balance, and perhaps limit, its implementation in order to enhance its legitimacy. In addition, the recent pressures towards harmonisation need to be carefully analysed.
Journal Article