This article analyses the impact of the so-called euro crisis on the rule of law value. It moves from the lack of a serious legal insight of the EMU weaknesses before the euro crisis and examines relevant ECJ case-law from Pringle to Gauweiler. The critical reading of the two judgments serves to highlight serious tensions they create in respect of many EU legal pillars: the ...
di Francesco Munari
This paper shows the centrality of EU social law in current discussions initiated by the crisis. Emphasis is placed on social dialogue, based on EU primary law (art. 152 TFEU). It is argued that legal methods enshrined in Title IX and X TFEU are declining and giving way to new forms of cooperation among national administrations. Attention is also paid to the role played by international ...
di Silvana Sciarra
Just after the deadline for the transposition of the directive on ADR, the focus of this study is on the impact of the directive and of the ODR regulation on the consumer protection and the internal market. While some aspects of the new rules are to be welcomed (as for example the duty to inform consumers on the possibility to ask for ADR), it will be finally stated that such a measure could be ...
di Silvia Marino
Over the last fifteen years, the EU institutions have been increasingly relying on trilogue negotiations in order to streamline the law-making process and to make it more effective. Trilogue negotiations are informal meetings held behind closed doors by small groups of representatives of Parliament, Council and Commission, during which the three institutions discuss and define ...
di Giacomo Rugge
Article 17 (7) TEU regulates the nomination of the President of the European Commission. According to the current legal framework, the designation of this body is the result of the institutional dialogue between the European Council and the European Parliament, that is facilitated by appropriate consultations. The balance of power provided for by the Treaties puts the two involved institutions, ...
di Fabio Spitaleri
This article addresses some aspects of the Proposal for a Directive of the European Parliament and of the Council on the Union legal framework for customs infringements and sanctions of November 13, 2013. It analyzes the legal basis of the Proposal, showing how it may not be founded on Article 33 of the Treaty on the Functioning of the European Union regarding customs cooperation and, as such, ...
di Fabrizio Vismara
Regulation (EC) No. 1924/2006 on nutrition and health claims made on food has now been in effect for eight years and has been the subject of several European Court of Justice decisions.
The broad interpretation of the concept of health claim established by the Court is based on the pre-eminence of the consumer’s health protection, in order to allow him to make well-informed nutritional ...
di Fabio Gencarelli
This article originates from a series of legal actions brought before several Italian courts by many workers of the Italian State schools, with the aim of having their repeated employment contracts converted from a fixed-term to a permanent one. The case raised the problem of what happens when a clash occurs between a piece of National legislation and rules of European law which do not have ...
di Sarah Lattanzi
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EISSN 2465-2474 / ISSN 1125-8551 - Il Diritto dell'Unione Europea (Online)
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