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A. Court of Justice Protecting Polish judges from Poland's Disciplinary "Star Chamber": Commission v. Poland (Interim proceedings)
In: Common Market Law Review, Band 58, Heft 1, S. 137-162
ISSN: 0165-0750
Using Foreign Law to Distract and Mislead: The Example of French Law and Poland's 'Muzzle Act
In: IUSTITIA quarterly, 2020
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Working paper
The Right to an Independent and Impartial Tribunal Previously Established by Law Under Article 47 of the EU Charter of Fundamental Rights
In: Unedited Version, Updated/Finalized in May 2020) for 2nd Edition of Steve Peers et Al, the EU Charter of Fundamental Rights. A Commentary (Hart)
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Working paper
Dealing With 'Fake Judges' Under EU Law: Poland as a Case Study in Light of the Court of Justice's Ruling of 26 March 2020 in Simpson and HG
In: RECONNECT, Working Paper No. 8 – May 2020
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Working paper
The Rule of Law in the EU: The Evolution of the Treaty Framework and Rule of Law Toolbox
In: RECONNECT, Working Paper No. 7 — March 2020
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Working paper
Book review: The Transformation or Reconstruction of Europe. The Critical Legal Studies Perspective on the Role of the Courts in the European Union, edited by Tamara Perišin and Siniš
In: Common Market Law Review, Band 56, Heft 3, S. 865-866
ISSN: 0165-0750
The EU as a Global Rule of Law Promoter: The Consistency and Effectiveness Challenges
In: Asia Europe Journal, DOI 10.1007/s10308-015-0432-z
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Between judicial minimalism and avoidance: The Court of Justice's sidestepping of fundamental constitutional issues in Römer and Dominguez
In: Common Market Law Review, Band 49, Heft 6, S. 1841-1880
ISSN: 0165-0750
This article concentrates on the issues left unaddressed by the Court of Justice in the cases of Römer and Dominguez. After clarifying the nature of the "constitutional" issues raised by these two cases and describing how the Court sidestepped them, this article examines how the principle of non-discrimination on grounds of sexual orientation and entitlement to paid annual leave should be categorized within the hierarchy of norms of the EU legal order, before considering their scope of application and justiciable nature in the context of national litigation relating to the alleged failure of a public employer and a private employer to comply with Directive 2000/78 in the case of Römer, and Directive 20003/78 in the case of Dominguez. Three main points are defended: firstly, it is submitted that the Court must systematically refer to the Charter when adjudicating fundamental rights issues and avoid using ambiguous phrasing when referring to fundamental rights or principles that are undoubtedly enshrined in it; Secondly, it is argued that the Court must work on the presumption that in the post-Lisbon EU, the fundamental rights set out in the Charter must also be regarded as general principles of the Union's law; Thirdly, this article defends the view that Article 51(1) of the Charter does not offer clear authority for the proposition that Charter rights lack horizontal direct effect and that in any event, the Court should not rule out the analogous application of the reasoning it developed in Kücükdeveci.
Between judicial minimalism and avoidance: The Court of Justices sidestepping of fundamental constitutional issues in Rmer and Dominguez
In: Common market law review, Band 49, Heft 6, S. 1841-1880
ISSN: 0165-0750
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Working paper
Promoting the Rule of Law Abroad: On the EU's Limited Contribution to the Shaping of an International Understanding of the Rule of Law
In: The EU's Shaping of the International Legal Order (CUP, 2013)
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Between Judicial Minimalism and Avoidance: The Court of Justice's Sidestepping of Fundamental Constitutional Issues in Römer and Dominguez
In: Common Market Law Review (2012) 49(6) 1841-1880
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The Institutional Development of the EU Post Lisbon: A Case of Plus Ça Change?
In: THE EU AFTER THE TREATY OF LISBON: A LEGAL ASSESSMENT, D. Ashiagbor, N. Countouris and I. Lianos, eds., Cambridge University Press, 2012
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