A la recherche d'un parcours d'autoconstitution de l'ordre juridique interindividuel européen: essai d'une lecture pluraliste 50 ans après Van Gend en Loos et Costa

L'Union européenne et l'adhésion à la Convention européenne des droits de l'Homme

The opinion 2/13 of the Court of Justice stating that the agreement on the accession of the EU to the ECHR is not compatible with the Treaties has been widely commented since its publication in December 2014. The first reactions having been rather negative, this paper takes up the debate on the accession of the EU to the ECHR and it provides the insight of a judge of the ECJ on this opinion 2/13. ...
di Thomas von Danwitz

Competenze puramente statali e diritto dell´Unione europea

The present contribution intends to explore the relationship between EU law and purely internal competences of Member States (MS). This specific category of national powers corresponds to fields where EU regulatory powers are non-existent, or in any case, very limited. This means that, with respect to the EU legal order, MS were free to exercise such powers as they pleased. However, the various ...
di M. Eugenia Bartoloni

La riforma del 'Gruppo europeo di cooperazione territoriale': luci ed ombre del regolamento n. 1302/2013

The legal framework concerning the European Grouping of Territorial Cooperation (EGTC) – originally introduced by Regulation (EC) 1082/2006 – has been extensively amended by Regulation (EU) 1302/2013, which applies from 22 June 2014. The present article analyses the principles underpinning the aforementioned reform and deals with some of the currently most problematic issues regarding ...
di Simone Carrea

La dimensione esterna della cittadinanza europea: tutela consolare e protezione diplomatica nell'ambito dell´Unione europea

Article 23 TFEU provides for the right of EU citizens to diplomatic and consular protection by Member States other than the State of nationality in the territory of a third country. After an overview on the evolution of legal sources, the present paper focuses on some issues concerning the scope and the effectiveness of Article 23 TFEU, with special emphasis on the consular assistance. In ...
di Simonetta Izzo

Profili problematici dell'esecuzione delle sentenze della Corte di giustizia di condanna degli Stati membri ex art. 260 TFUE

This paper explores the evolution and recent developments of the application of financial penalties under Article 260 TFEU. As the application of Article 260 TFEU became standard practice, questions related to its application arose. The paper specifically focuses on the role of the Commission at the stage of execution of judgments delivered under Article 260(2) TFEU and levying ...
di Paola Mori

Delegation of powers to EU Agencies after the Short Selling Ruling

The lawfulness of agencies proliferation in the EU legal order has been evaluated mostly on the basis of some rulings of the EU Court of Justice, albeit rather outdated and subject to varying interpretations. The ‘short selling’ judgment takes a position on this case law and formally endorses it, although it reaches a conclusion that is exactly the opposite of the one that has always ...
di Jacopo Alberti

Diritto e prassi evolutiva dell,Eurogruppo

Protocol No 14 does not reflect in normative terms the relevant role assumed by the Eurogroup in the EU institutional dynamics. It is only through the prism of its rich practice that one can assess that role. Originally conceived as a complementary body with respect to ECOFIN, Eurogroup has become an instance of evaluation and composition of the specific interests of the Eurozone, its activities ...
di Roberto Baratta