ACELG

Austerity and Law in Europe

In the wake of the global financial crisis, which peaked in 2008, the concept of ‘austerity’ assumed center stage in European politics, polarizing domestic constituencies, and leading to the formation of anti-austerity political parties in a number of countries. The project ’The Architecture of Postnational Rulemaking’, in cooperation with ACCESS EUROPE (European Constitutionalism Theme), is… » read more

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Recent legal development, involving opinion 2/13 on the accession of the EU to the ECHR, have put the relation between the EU and its Member States’ legal systems centre stage again. As important as the discussions around human rights are, there are many more, smaller pieces to this puzzle. Indeed, it is time we learn… » read more

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On 6 November 2015 Judge and Professor Sacha Prechal from the Court of Justice of the European Union (CJEU) delivered a presentation on the concept of ‘mutual trust’ before the CJEU at Vrije Universiteit Amsterdam. According to her the biggest challenge for the principle of mutual trust lies in providing limitations to it without upsetting… » read more

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On Monday 2 November, Professor Jürgen Neyer delivered an Architecture Lecture at the University of Amsterdam’s law faculty carrying the simple but evocative title “What is wrong with EU decision-making?”. According to Neyer, it is the lack of contestation that eventually becomes unsustainable for the European Union: “Discourse and conflict are two sides of the… » read more

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By Tomi Tuominen The European Court of Justice (ECJ) delivered its judgment in the much followed case Gauweiler in last June, where it found the European Central Bank’s (ECB) Outright Monetary Transactions programme (OMT) to be legal in light of the Treaties and the Statute of the ECB. Although the outcome of the case and… » read more

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  The EU Commission has recently announced that investor-state dispute settlement (ISDS) will no longer be part of its proposals on TTIP. This was the Commission’s response to public contestation and fears that such a mechanism could place unjustified constraints on democratic institutions and on the capacity of states and of the EU to preserve… » read more

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A little while ago, the judgement in case C-355/10 (Schengen Borders Code (SBC)) received much attention. In this judgement the Court appeared to find an act’s interference with human rights to be an objective factor determining whether it regulated ‘essential elements’ – something that non-legislative acts must not do under Union law. Last week’s judgement… » read more

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