Results 11 to 20 of about 117,367,642 (145)

Of Types and Tests: Towards a Unitary Doctrinal Framework for Article 34 TFEU? [PDF]

open access: yes, 2016
What market model should determine the boundaries of negative integration, and in particular: what test should the Court apply to art.34 TFEU? After Keck , there is no single answer to this question. Having expressly acknowledged the existence of different tests for different types of measures, the post- Keck Court develops three jurisprudential lines ...
Schütze, Robert
core   +8 more sources

ARTICLE 101 TFEU AND MARKET INTEGRATION [PDF]

open access: yes, 2016
Market integration is an objective of Article 101 TFEU. As a result, agreements aimed at partitioning national markets are in principle restrictive of competition by object. The case law on this point has been consistent since Consten-Grundig.
Pablo Ibáñez Colomo   +1 more
core   +8 more sources

General Principles of EU Law: Systemic Implications of "Twin" TFEU Article 11 and EUCFR Article 37 [PDF]

open access: yes, 2023
Under the basic tenet of sustainable development, TFEU Article 11 compels the integration of environmental protection into the regulatory action of the European Union (EU).
Quirico, Ottavio
core   +2 more sources

Of Trailers and Jet Skis: Is the Case Law on Article 34 TFEU Hurtling in a New Direction? [PDF]

open access: yes, 2009
The provision which is the focus of this Article is article 34 of the Treaty on the Functioning of the European Union ( TFEU or Treaty ) (formerly article 28 EC).
Oliver, Peter
core   +1 more source

Article 108(2) TFEU as a Tool for the Commissionto Bypass Article 258 TFEU Proceedings [PDF]

open access: yes, 2018
The legal basis the European Commission (EC) choses for its actions when it finds a Member State’s action (or inaction) to be in breach of its obligations stemming from its EU membership vary in different fields of law.
Rzotkiewicz, Marek, Marek Rzotkiewicz
core   +2 more sources

Energy justice and the principles of Article 194(1) TFEU governing EU energy policy

open access: yes, 2023
Recent geopolitical and environmental events have created a new urgency for a just energy transition and a socially inclusive modernization of the energy sector.
Kaschny, Laura
core   +1 more source

Reimagining State Aid: Guiding Law and Policy Reform in a Changing World

open access: yesEuropean Law Journal, EarlyView.
ABSTRACT EU state aid law has shifted fundamentally from an originally purely repressive tool to a proactive steering mechanism for critical EU goals today. This paper argues that the current legal framework in Article 107 TFEU is gravely misaligned with this new function.
Thomas Jaeger
wiley   +1 more source

Always a Manager? Assessing the Commission's Capacity to Manage and Deepen the Post‐Brexit EU–UK Relationship Whilst Expanding Its Competencies

open access: yesJCMS: Journal of Common Market Studies, EarlyView.
Abstract This article analyses the European Commission's (Commission) capacity to manage and deepen the EU–UK relationship post the implementation of the Trade and Cooperation Agreement (TCA) and its efforts to expand its competencies within the framework, through the use of the principal–agent theory.
David Moloney, Simon Usherwood
wiley   +1 more source

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

Scrutinising Frontex: The European Parliament and Accountability through Discharge

open access: yesJCMS: Journal of Common Market Studies, EarlyView.
Abstract This article examines how the European Parliament (EP) has leveraged the budgetary discharge procedure to enhance the political accountability of the EU's Border and Coast Guard Agency, Frontex. Whilst the procedure is formally limited to budget implementation, the EP has used it as an accountability tool that goes far beyond financial ...
Magnus G. Schoeller, Peter Slominski
wiley   +1 more source

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