Results 41 to 50 of about 90 (89)

Has the UK Supreme Court Become More Restrained in Public Law Cases?

The Modern Law Review, Volume 87, Issue 5, Page 1073-1110, September 2024.
In recent years, a number of academics, judges and politicians have noted that the UK Supreme Court has adopted a more restrained approach when it comes to public law than it had done previously. This article assesses the quantitative and qualitative evidence for this apparent conservative turn.
Lewis Graham
wiley   +1 more source

La chiusura del dialogo “giudice a giudice” come extrema ratio nella sentenza L.G. c Krajowa Rada Sadownictwa

European Papers
(Series Information) European Papers - A Journal on Law and Integration, 2024 9(1), 275-286 | European Forum Insight of 15 July 2024 | (Table of Contents) I. Introduzione. - II.
Miriana Lanotte
doaj   +1 more source

Priority Setting as the Blind Spot of Administrative Law Enforcement: A Theoretical, Conceptual, and Empirical Study of Competition Authorities in Europe

The Modern Law Review, Volume 87, Issue 5, Page 1209-1257, September 2024.
Priority setting by independent regulatory agencies (IRAs) is an invisible, yet essential, component of regulatory law enforcement. The selection of which cases to enforce and which to disregard is vital given IRAs’ finite resources, and due to the function of concretising open‐ended administrative norms.
Or Brook, Katalin J. Cseres
wiley   +1 more source

Why Do So Few Preliminary Questions Come From Czechia?

Wroclaw Review of Law, Administration and Economics
Although a substantial part of the body of laws of an EU Member State is founded upon European Union law and norms, the number of preliminary questions emanating from courts in the Czech Republic appears to be disproportionately low compared to other ...
Kunertová Tereza
doaj   +1 more source

The European Union and the re‐establishment of democratic authority

European Law Journal, Volume 30, Issue 3, Page 329-348, September 2024.
Abstract The European Union is blighted by a style of governance, EU police, which holds that the Union better balances different interests and values than other arenas but which is, in practice, distorted by anti‐redistribution and status quo biases. To combat it, this article proposes a principle of European democratic authority that would found EU ...
Damian Chalmers
wiley   +1 more source

Group concerns and communication and cooperation between practitioners under the European Insolvency Regulation (Part II)

International Insolvency Review, Volume 33, Issue 2, Page 296-326, Summer 2024.
Abstract In this article, the author examines with a specific focus on the insolvency practitioner to what extent the Recast European Insolvency Regulation's provisions on communication, cooperation and coordination between the main actors in group companies' insolvency proceedings allow for efficient restructurings of those group companies.
Sid Pepels
wiley   +1 more source

Is it still permissible under EU law to issue new permits for oil and gas extraction?

Review of European, Comparative &International Environmental Law, Volume 33, Issue 2, Page 236-249, July 2024.
Abstract This article examines whether the discretion of European Union (EU) Member States to approve new oil and gas extraction projects is restricted by EU law. It shows that greenhouse gas emissions from such projects must be considered in environmental impact assessments under the Environmental Impact Assessment and Strategic Environmental ...
Clemens Kaupa
wiley   +1 more source

The right to climate protection and the essentially comparable protection of fundamental rights: Applying Solange in European climate change litigation?

Review of European, Comparative &International Environmental Law, Volume 33, Issue 2, Page 265-275, July 2024.
Abstract In an action for annulment against the European Union (EU) Emissions Trading Directive, both the EU General Court and the Court of Justice of the EU (CJEU) found the claim to be inadmissible because the applicants did not satisfy the infamous Plaumann criteria.
Michael Kalis, Anna‐Lena Priebe
wiley   +1 more source

Watching the guards: Ensuring compliance with fundamental rights at the external borders

European Law Journal, Volume 30, Issue 1-2, Page 74-86, February-May 2024.
Abstract The essay deals with the enhancement of the legal framework for informal readmissions at internal borders enshrined in the proposal on an amended Schengen Border Code, which in turn requires enhancement of bilateral police cooperation. It focuses on the impact of the new rules on the prohibition on police controls equivalent to border checks ...
Jorrit J. Rijpma
wiley   +1 more source

EU constitutional dismantling through strategic informalisation: Soft readmission governance as concerted dis‐integration

European Law Journal, Volume 30, Issue 1-2, Page 29-59, February-May 2024.
Abstract This contribution takes issue with what I have called the ‘constitutional dismantling’ of external migration policy through the tactical informalisation of readmission cooperation. It maps out the strategic use of soft law mediating the tacit approval or active involvement of the main EU actors.
Violeta Moreno‐Lax
wiley   +1 more source