Results 21 to 30 of about 9,535 (175)

Mobilising Judicial Voices: How and Why National Courts Express Their Opinions in the Preliminary Reference Procedure – A Case Study of Czechia

open access: yesJCMS: Journal of Common Market Studies, EarlyView.
Abstract This article interrogates the national courts' pre‐emptive opinions expressed in the Article 267 of the Treaty on the Functioning of the European Union preliminary reference procedure from both theoretical and analytical angles. First, we theorise about the variety of factors influencing national courts' decision to supply the Court of Justice
Marek Pivoda, Filip Vlček
wiley   +1 more source

The Preliminary Ruling Procedure, Today: Revisiting Article 267 TFEU’s Constitutional Backbone [PDF]

open access: yes, 2023
As the title of the Special Issue suggests, its main purpose is to shed new light on the content, scope, extent, and limits of Article 267 TFEU in today’s Union and, in turn, on the nature of this procedure and the European Court of Justice (ECJ)’s role ...
Cecchetti, Lorenzo   +3 more
core  

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

The European Central Bank’s outright monetary transactions and the Federal Constitutional Court of Germany [PDF]

open access: yes, 2013
This note reviews the legal issues and concerns that are likely to play an important role in the ongoing deliberations of the Federal Constitutional Court of Germany concerning the legality of ECB government bond purchases such as those conducted in the ...
Siekmann, Helmut, Wieland, Volker
core  

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

Reflections on the institutional balance, the Community Method and the interplay between jurisdictions after Lisbon. Research Papers in Law, 04/2012 [PDF]

open access: yes, 2012
[Introduction.] Over the last two years, not only inside but also outside the framework of the EU treaties, far reaching measures have been taken at the highest political level in order to address the financial and economic crisis in Europe and in ...
Eisele, Katarina, Smulders, Ben
core  

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

Civil society participation in EU preparation for UN climate negotiations—Questions of openness and transparency

open access: yesReview of European, Comparative &International Environmental Law, Volume 34, Issue 2, Page 379-393, July 2025.
Abstract Despite the European Union's strong commitment to transparent and participatory governance, the preparation of its position for international climate negotiations is not particularly transparent or open to civil society participation. The situation could be said to reflect a broader paradigm of secrecy in EU policy‐ and law‐making.
Tuula Honkonen
wiley   +1 more source

Against the veto solution in cross‐border avoidance law

open access: yesInternational Insolvency Review, Volume 34, Issue 2, Page 364-389, Summer 2025.
Abstract UNCITRAL is striving to determine the law applicable to cross‐border insolvency avoidances. In principle, this should be the lex fori concursus. However, both Regulation (EU) 2015/848 and the laws of some European countries adopt a combination of lex fori concursus and lex causae called the ‘veto solution’.
Renato Mangano
wiley   +1 more source

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