Results 21 to 30 of about 148 (139)

A New Presumption for the Autonomous Concept of ‘Court or Tribunal’ in Article 267 TFEU

European Constitutional Law Review, 2023
This study was conducted during a research stay at the Centre for European Law of the Free University of Brussels and is part of the research project led by the author under the title ‘Judicial harmonisation of European public law through the technique of the autonomous concepts (EULOGOS)’, financed by the University of Málaga.
openaire   +3 more sources

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

JCMS: 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, Lucía López Zurita, Urška Šadl   +2 more
wiley   +1 more source

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

Governance, 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, Ana Bobic, Christian Freudlsperger, Marta Migliorati   +3 more
wiley   +1 more source

Strasbourg’s Consideration of Article 267 TFEU and the ECtHR as a Shadow Constitutional Court of the European Union

German Law Journal
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
doaj   +1 more source

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

JCMS: 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

Review 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

I Would Rather Be a Respondent State Before a Domestic Court in the EU than Before an International Investment Tribunal

European Papers, 2019
(Series Information) European Papers - A Journal on Law and Integration, 2019 4(1), 19-70 | Article | (Table of Contents) I. Introduction. - II. Who trumps who? - II.1. Is EU law autonomous? - II.2. EU law and Member States' BITs. - II.3.
Ivana Damjanovic, Nicolas de Sadeleer
doaj   +1 more source

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

Review 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?

European 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

The Bulgarian Commission for Protection against Discrimination as a National Jurisdiction within the meaning of Article 267 of the TFEU - History and Prospects

Yearbook of the Law Department, 2023
The subject of analysis in the study are the conditions that a national authority should meet in order to meet the requirements for "national jurisdiction", which can make reference to the Court of Justice of the EU (CJEU) within the framework of a preliminary ruling procedure under Article 267 TFEU.
openaire   +1 more source