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Rule of Law Conditionality: The Long-Awaited Step Towards a Solution of the Rule of Law Crisis in the European Union?
In: European Papers, Vol. 6, 2021, No 1, European Forum, Insight of 22 April 2021, pp. 101-110 ISSN 2499-8249 - doi: 10.15166/2499-8249/454
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Firearms Regulation in the European Union: Striking a Delicate Balance Between Single Market and Security
In: Fordham International Law Journal, Band 43, Heft 855
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The Perspective from Luxembourg: How Does the European Court of Justice Respond to the Rule of Law Backsliding in the Member States?
In: Niels Kirst, 'The Perspective from Luxembourg: How Does the European Court of Justice Respond to the Rule of Law Crisis within the Member States?' (2020) 23 Trinity CL Rev 108
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SEGRO and its Aftermath: Between Economic Freedoms, Property Rights and the 'Essence of the Rule of Law'
The Court of Justice of the European Union's (CJEU, Court) SEGRO judgment is more than just a recent addition to the debate on the so-called rule of law crisis in the European Union. As this case note shows, SEGRO touches on the most fundamental aspects of the European Union and its relation to the Member States. From an economic perspective, the Court in SEGRO's treatment of property rights and the ability of economic actors to rely on their lawfully concluded contracts forms the undercurrent of economic investment in the Union. From a functional perspective, the case is perhaps indicative of a wider change in the role of the Court with respect to national courts' margin of discretion. From a normative perspective, SEGRO gives rise to an important discussion on the difference between fundamental rights and economic freedoms in the EU since the entering into force of the Lisbon Treaty in 2009, as well as 'constitutional homogeneity' in the EU after Hungary's legislative reforms. Finally, from an evolutionary perspective, SEGRO marks another iteration in perhaps a wider shift in the trajectory of the Court with respect to questions that menace the integrity of the functioning of the European Union. This case note first examines the background (I) and facts of the case (II). Then it analyses the Opinion of the Advocate General (III) and the findings of the Court (IV). It concludes with a discussion based not only on an analysis of the SEGRO case (V), but also going beyond the case by analysing the most recent jurisprudential developments concerning Hungary and the issue of the (non-respect) of the Rule of Law in the European Union(VI). ; The Court of Justice of the European Union's (CJEU, Court) SEGRO judgment is more than just a recent addition to the debate on the so-called rule of law crisis in the European Union. As this case note shows, SEGRO touches on the most fundamental aspects of the European Union and its relation to the Member States. From an economic perspective, the Court in SEGRO's treatment of property rights and the ability of economic actors to rely on their lawfully concluded contracts forms the undercurrent of economic investment in the Union. From a functional perspective, the case is perhaps indicative of a wider change in the role of the Court with respect to national courts' margin of discretion. From a normative perspective, SEGRO gives rise to an important discussion on the difference between fundamental rights and economic freedoms in the EU since the entering into force of the Lisbon Treaty in 2009, as well as 'constitutional homogeneity' in the EU after Hungary's legislative reforms. Finally, from an evolutionary perspective, SEGRO marks another iteration in perhaps a wider shift in the trajectory of the Court with respect to questions that menace the integrity of the functioning of the European Union. This case note first examines the background (I) and facts of the case (II). Then it analyses the Opinion of the Advocate General (III) and the findings of the Court (IV). It concludes with a discussion based not only on an analysis of the SEGRO case (V), but also going beyond the case by analysing the most recent jurisprudential developments concerning Hungary and the issue of the (non-respect) of the Rule of Law in the European Union(VI).
BASE
Establishing a Link between Solidarity and Responsibility – the Court's Judgement on the Conditionality Regulation
In: Kirst, Niels and Monciunskaite, Beatrice (2022), 'Establishing a Link between Solidarity and Responsibility – The Court's Judgment on the Conditionality Regulation', Irish Journal of European Law, Vol. 24.
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Chapter XII: An Infringement of Democracy in the EU Legal Order
In: EU Law in Times of Pandemic, The EU's Legal Response to Covid-19, edited by Dolores Utrilla & Anjum Shabbir (2021)
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