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

