Judicial Independence Under Article 19(1) TEU and Article 267 TFEU: Untangling the Gordian Knot
This paper explores the conflicting relationship between Article 19(1) TEU and Article 267 TFEU in the Court of Justice’s case law, particularly in the context of the ongoing rule-of-law crisis in Poland and Hungary.
Altabas, Ana, Ana Altabas
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Article 345 TFEU (ex Article 295 EC), Its Meanings and Interpretations
Research that has been conducted over the last decades shows that neither the scope of application nor the exact meaning of Article 345 TFEU (ex Article 295 EC) is clear from its wording.
Akkermans, B.; id_orcid +3 more
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Article 216(1) TFEU and the Union’s shared external competence in the light of mixity
peer reviewedCase C-600/14, Germany v Council, (Amendment of the Convention concerning International Carriage by Rail –COTIF), Judgment of the Court (Grand Chamber), of 5 December 2017, EU:C:2017:935.
NEFRAMI, Eleftheria
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Interpreting EU Internal Market Powers in Light of Article 9 TFEU Social Objectives: Implications for the Attribution of Competences [PDF]
The inclusion of the so-called ‘horizontal social clause’, namely Article 9 TFEU, in EU primary law imposes on the EU legislator an obligation to balance the objectives of a specific policy area with the social interests contained therein.
Silvia Giudici, Giudici, Silvia
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In this Article I argue that the European Court of Human Rights (ECtHR) exercises an under-acknowledged power to shape the constitutional norms of the EU’s legal order—a power that extends beyond that court’s role in influencing the interpretation of ...
Róisín Áine Costello
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Framing and legitimating EU legal regulation of human gene-editing technologies: key facets and functions of an imaginary. [PDF]
Mahalatchimy A, Lau PL, Li P, Flear ML.
europepmc +1 more source
Legal Test for Finding of a Collective Dominant Position under Article 102 TFEU
If two undertakings agree to increase their prices, companies may infringe Article 101 of the TFEU which prohibits anti-competitive agreements and concerted practices.
Snäll, Silja
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Are genome-edited micro-organisms covered by Directive 2009/41/EC?-implications of the CJEU's judgment in the case C-528/16 for the contained use of genome-edited micro-organisms. [PDF]
Dederer HG, Hamburger D.
europepmc +1 more source
Poland's Rule of Law Breakdown: A Five-Year Assessment of EU's (In)Action. [PDF]
Pech L, Wachowiec P, Mazur D.
europepmc +1 more source
Exceptions to the duty to submit a preliminary reference under Article 267 TFEU according to current case law of the CJEU and the Czech Constitutional Court Abstract The thesis focuses on exceptions to the duty to refer a question for a preliminary ...
Pecháček, Petr
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