Results 11 to 20 of about 95 (92)

To Be or Not to Be a Worker: Legal Uncertainty and Precarious Employment in the European Union

open access: yesJCMS: Journal of Common Market Studies, EarlyView.
Abstract Precarious employment has gradually moved onto the European Union (EU) policy agenda, so far culminating in the proclamation of the European Pillar of Social Rights (the Pillar). However, the effectiveness of these renewed social ambitions is challenged by legal uncertainty and entangled in ongoing political and legal disputes over the ...
Dorte Sindbjerg Martinsen   +2 more
wiley   +1 more source

When Compromise Becomes Standoff: Joint Implementation and the Case of the European Public Prosecutor's Office

open access: yesGovernance, Volume 39, Issue 3, July 2026.
ABSTRACT This article explores endogenous problems of joint implementation in multi‐level systems. Focusing on the European Public Prosecutor's Office (EPPO), we theorize a causal mechanism of conflict deferral, whereby contentious negotiations are resolved through deliberately ambiguous legislation that postpones conflict to the implementation stage ...
Adina Akbik   +3 more
wiley   +1 more source

Luxembourg Has Spoken: Polish and Dutch Judges' Satisfaction With Rule of Law Judgements of the Court of Justice of the EU

open access: yesJCMS: Journal of Common Market Studies, Volume 64, Issue 4, Page 1405-1430, July 2026.
Abstract The last decade has witnessed a substantial increase in case law of the Court of Justice of the European Union (hereafter: ECJ or Court) concerning the rule of law. This expansion in case law reflects the significant challenges to the rule of law that have arisen in recent years. Several EU member states have implemented measures that severely
Urszula Jaremba, Jasper Krommendijk
wiley   +1 more source

The Czech climate case: An unfortunate tale of questionable strategies and unanswered questions

open access: yesReview of European, Comparative &International Environmental Law, Volume 35, Issue 2, Page 578-589, July 2026.
Abstract On 5 November 2025, the Czech Constitutional Court rejected the complaint in the landmark climate case (Pl. US 6/25). This concluded a 4‐year strategic litigation process, which challenged governmental inaction on climate change. Brought by individuals, an NGO and a municipality, the action alleged that insufficient greenhouse gas (GHG ...
Jiří Vodička
wiley   +1 more source

Rights of Nature in the EU: A thought experiment to improve access to justice

open access: yesReview of European, Comparative &International Environmental Law, Volume 35, Issue 2, Page 425-436, July 2026.
Abstract Against the backdrop of the growing need for legal innovation in environmental protection, this article explores the interplay between Rights of Nature (RoN)—a legal theory asserting that the inherent moral value of nature must be protected legally by granting rights and legal personality to nature itself—and the EU constitutional right of ...
Emma Sanvito, Mariolina Eliantonio
wiley   +1 more source

Economic Dependence: A New Frontier in EU Competition Law?

open access: yesEuropean Law Journal, Volume 32, Issue 1, Page 55-69, April 2026.
ABSTRACT This paper argues for the recognition of economic dependence as a relevant concept within EU competition law, moving beyond the traditional—yet limited—dominance‐based framework of Article 102 TFEU. Comparative analysis shows that this, or an equivalent concept, is already embedded in the domestic competition regimes of several EU Member ...
Jimena Tamayo Velasco
wiley   +1 more source

Upscaling nature restoration in Italy: Barriers and facilitators

open access: yesReview of European, Comparative &International Environmental Law, Volume 34, Issue 3, Page 661-670, November 2025.
Abstract The new Nature Restoration Regulation (EU) 2024/1991 (NRR) sets ambitious objectives to begin revitalising the EU's degraded ecosystems by 2030. However, the structure of the NRR leaves Member States with a broad margin of discretion to pursue these targets within the context of their governance arrangements.
Morgan Eleanor Harris, Eleonora Ciscato
wiley   +1 more source

Whistling in the void: The Whistleblowing Directive as a case study on why the direct effects doctrine and infringement proceedings fail to enforce Union law and how to fix it

open access: yesEuropean Law Journal, Volume 31, Issue 3, Page 134-152, October 2025.
Abstract The European Whistleblowing Directive is one of the most consequential acts of Union law in the last decade and has created lasting effects across the European Union. After almost all Member States have failed to meet the transposition deadline of 17 December 2021, the limits of a Directive's direct effects as a means to enforce Union law have
Simon Gerdemann
wiley   +1 more source

Boosting sustainable technology through the new EU competition policy

open access: yesEuropean Law Journal, Volume 31, Issue 3, Page 227-249, October 2025.
Abstract EU antitrust is at the crossroads. It faces calls to be more supportive of corporate sustainability initiatives and, since the publication of the Draghi Report, increased pressure not to stand in the way of the global competitiveness of European industries.
Sandra Marco Colino
wiley   +1 more source

A Smithian Political Economy Approach for the Competition Law of the 21st Century

open access: yesThe Modern Law Review, Volume 88, Issue 4, Page 712-768, July 2025.
This study aims to show how a Smithian political economy approach could assist competition law in addressing the challenges of the 21st‐century economy. We revisit Smith's Wealth of Nations to provide a more nuanced understanding of his views, contrasting them with the prevailing libertarian interpretation called here ‘Chicago Smith’.
Stavros Makris
wiley   +1 more source

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