Suchergebnisse

Does the EU have enough leverage to police the rule of law in Member States? This article first outlines how the infringement procedure is functionally adequate to address breaches of the rule of law. It argues that EU law entails "structural obligations" for Member States to uphold the rule of law within their legal systems. To the extent respecting such structural obligations is indispensable for observing specific EU law rules, their breach can be the target of infringement proceedings. The article then analyses the EU's leverage to guarantee the authority of EU law in case of Member States' non-compliance with fines imposed in that procedure. The article concludes that the recovery of fines by set-off against EU money enables effective policing if respect for the rule of law is deficient, and constitutes, therefore, an essential constitutional guarantee of the EU legal order.

Intro -- Editors' Preface -- I. Introduction -- II. The Changing Union -- III. The EU's Judicial Actors: Evolving Roles -- IV. Rights of the Individual in Times of Change -- V. EU External Relations and New Horizons -- VI. Concluding Remarks -- Contents -- List of Contributors -- Part I : The Changing Union -- 1. The Court of Justice of the European Union and the Refugee Crisis -- I. Judicial Review of the EU's Response to the Crisis -- II. Interpreting EU Asylum Law in Times of Crisis -- III. Concluding Remarks -- 2. How Trustworthy is Mutual Trust? Opinion 2/13 Revisited -- I. Introduction -- II. Mutual Recognition and Mutual Trust -- III. The Evolution of the Principle of Mutual Trust -- IV. Opinion 2/13 Revisited -- V. Final Remark -- 3. National Identity and European Construction -- I. National Identity and European Union Law -- II. Constitutional Courts and the Court of Justice -- III. National Identity as Public Policy: Fürstin von Sayn-Wittgenstein -- IV. Transformation of National Identity -- V. The Challenge of Defining National Identity -- VI. Concluding Observations -- 4. Nationality and Citizenship: Integration and Rights-Based Perspectives -- I. Introduction -- II. Acquisition and Loss of Nationality from an ECHR and an EU Perspective -- III. Enjoyment of Citizenship-Type Rights as per Strasbourg and Luxembourg Case Law -- IV. Conclusions -- 5. EU Law and Sovereign Debt Relief -- I. Financial Assistance under EU Law -- II. Financial Assistance and Debt Relief -- III. Conditionality and Debt Relief -- 6. Economic Governance in a Changing Union Fiscal Rules and Market Discipline in the Euro Area -- I. Market Discipline -- II. Efficient Financial Markets: Science or Religion? -- III. Keynes' Third Way and the Limits of the Market -- IV. Market Discipline or Spending Rule? -- V. Conclusions.