European Law Journal最新文献

{"title":"Why an EU country under the surveillance procedure (Article 7.1 TEU) should not chair the Council Presidency","authors":"Emilio De Capitani,&nbsp;Virgilio Dastoli","doi":"10.1111/eulj.12510","DOIUrl":"10.1111/eulj.12510","url":null,"abstract":"<p>Mutual trust that is the bedrock of intra-EU cooperation should not be equated to ‘blind trust’ when a Member State is under the ‘surveillance’ procedure foreseen by Article 7(1) of the Treaty on European Union. In this perspective it would be risky for the European Council to recognise a key coordinating role, as is the case when holding the Council Presidency, to a Member State under Article 7.1 TUE. It would then be sensible for the Council to modify its 2016 Decision, and delay the Hungarian Presidency of the Council of the European Union to such a time when the Article 7(1) TEU surveillance procedure will have been successfully concluded.</p>","PeriodicalId":47166,"journal":{"name":"European Law Journal","volume":"30 3","pages":"256-259"},"PeriodicalIF":1.4,"publicationDate":"2024-07-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141872599","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The European Border and Coast Guard Agency (Frontex) and the limits to effective judicial protection in European Union law","authors":"Salvatore Fabio Nicolosi","doi":"10.1111/eulj.12512","DOIUrl":"10.1111/eulj.12512","url":null,"abstract":"<p>The principle of effective judicial protection is a cornerstone of EU law which is predicated on the existence of a complete system of judicial remedies. However, with the expansion of the operational powers of the European Border and Coast Guard Agency (<span>Frontex</span>) and the consequent fundamental rights concerns, this article challenges the assumption that the EU is based on such a complete system of remedies. By critically reviewing the judicial actions against <span>Frontex</span> before the Court of Justice, this article illustrates the limits to effective judicial protection for migrants attempting to enter the EU. It will be argued that the lack of an effective remedy suggests a violation of the right to good administration. Therefore, this article explores the potential of the bond between judicial protection and good administration to fix the loopholes within the emerging system of shared administration, in which EU agencies progressively interact with national competent authorities.</p>","PeriodicalId":47166,"journal":{"name":"European Law Journal","volume":"30 1-2","pages":"149-164"},"PeriodicalIF":1.4,"publicationDate":"2024-07-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://onlinelibrary.wiley.com/doi/epdf/10.1111/eulj.12512","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141881298","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"OA","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The potential of budgetary discharge for political accountability: Which lessons from the case of Frontex?","authors":"Michele Gigli","doi":"10.1111/eulj.12509","DOIUrl":"10.1111/eulj.12509","url":null,"abstract":"<p>With the discharge procedure of the 2020 budget of Frontex, the European Parliament played a primary role in addressing the policy drift of the most important decentralised agency operating in the area of freedom, security and justice (AFSJ). This case demonstrates the potential of the discharge tool in steering the performance of decentralised agencies at a time when the mandate of these agencies within the EU executive order is affected by a structural accountability deficit. Confronted with a Rule of Law crisis in the AFSJ, the European Parliament has effectively leveraged the evolving normative framework to imbue the discharge process with significant political oversight functions. In this article, I aim to show that a constitutional dimension of the discharge procedure can be conceptualised, enabling the European Parliament to reaffirm its political account-holder role as derived from the Treaties and ensure agencies' compliance with their EU-oriented mandate.</p>","PeriodicalId":47166,"journal":{"name":"European Law Journal","volume":"30 1-2","pages":"238-252"},"PeriodicalIF":1.4,"publicationDate":"2024-07-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://onlinelibrary.wiley.com/doi/epdf/10.1111/eulj.12509","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141548904","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"OA","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"EU constitutional dismantling through strategic informalisation: Soft readmission governance as concerted dis-integration","authors":"Violeta Moreno-Lax","doi":"10.1111/eulj.12506","DOIUrl":"10.1111/eulj.12506","url":null,"abstract":"<p>This contribution takes issue with what I have called the ‘constitutional dismantling’ of external migration policy through the tactical informalisation of readmission cooperation. It maps out the strategic use of soft law mediating the tacit approval or active involvement of the main EU actors. The strategy is supposed to enhance policy outcomes but is at the expense of foundational principles. The principles of conferral, institutional balance, and sincere/loyal cooperation impose key constraints on EU/Member State action that the choice for soft law ignores. My main contention is that this is not an unintended consequence, but a deliberate or, at least, tolerated result, amounting to a form of ‘concerted dis-integration’ pursued by the very actors supposed to guard the EU integration project in line with Treaty provisions. The approach denotes the instrumentalisation of legal mechanisms for the advancement of policy objectives, embracing a regulation-without-legitimation paradigm that unravels the EU’s constitutional framework.</p>","PeriodicalId":47166,"journal":{"name":"European Law Journal","volume":"30 1-2","pages":"29-59"},"PeriodicalIF":1.4,"publicationDate":"2024-06-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://onlinelibrary.wiley.com/doi/epdf/10.1111/eulj.12506","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141348395","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"OA","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The European Union Agency for Asylum: Legal remedies and national articulations in composite procedures","authors":"Agostina Pirrello","doi":"10.1111/eulj.12508","DOIUrl":"10.1111/eulj.12508","url":null,"abstract":"<p>In recent years, the European Union Agency for Asylum (EUAA) has been variously involved in the decision-making processes of national authorities deciding on individual asylum applications. In spite of its capability of affecting national asylum procedures and the circumstances in which they are carried out, holding EUAA accountable for its action is prevented by the lack of clear allocations of tasks and the consequent inadequacy of the judicial remedies available. By analysing and comparing the main role played by the Agency in Italy and Malta, this article sheds some light on the different problems of effective judicial protection, which vary and arise differently depending on the tasks performed by EUAA in each national legal system.</p>","PeriodicalId":47166,"journal":{"name":"European Law Journal","volume":"30 1-2","pages":"165-180"},"PeriodicalIF":1.4,"publicationDate":"2024-06-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://onlinelibrary.wiley.com/doi/epdf/10.1111/eulj.12508","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141269084","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"OA","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Shadow","authors":"Pap Khouma","doi":"10.1111/eulj.12498","DOIUrl":"10.1111/eulj.12498","url":null,"abstract":"","PeriodicalId":47166,"journal":{"name":"European Law Journal","volume":"30 1-2","pages":"253-254"},"PeriodicalIF":1.4,"publicationDate":"2024-05-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141105811","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Frontex's expanding mandate: Has democratic control caught up?","authors":"Tineke Strik","doi":"10.1111/eulj.12499","DOIUrl":"10.1111/eulj.12499","url":null,"abstract":"<p>This article analyses to what extend the rapid growth of Frontex has been accompanied by adequate democratic accountability, whereby the author draws on her experiences as a Member of Parliament. She elaborates on the safeguards in legislation but also on their application in practice, with a focus on the lessons the Parliament learned from its own inquiry on the role of Frontex in pushbacks. The contribution subsequently puts democratic control to a test on two relatively recent tasks of Frontex: return and external cooperation. Regarding the latter, the Parliament's role is highlighted in the negotiations on the Frontex status agreements between the EU and Mauritania/Senegal. The article answers the question of what obstacles must be overcome, through legislative amendments or changes in practice and culture, for the Parliament to exercise its role effectively. Two of these factors are dealt with more prominently: transparency and cooperation with national parliaments.</p>","PeriodicalId":47166,"journal":{"name":"European Law Journal","volume":"30 1-2","pages":"217-237"},"PeriodicalIF":1.4,"publicationDate":"2024-05-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://onlinelibrary.wiley.com/doi/epdf/10.1111/eulj.12499","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141118143","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"OA","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Watching the guards: Ensuring compliance with fundamental rights at the external borders","authors":"Jorrit J. Rijpma","doi":"10.1111/eulj.12500","DOIUrl":"10.1111/eulj.12500","url":null,"abstract":"<p>The essay deals with the enhancement of the legal framework for informal readmissions at internal borders enshrined in the proposal on an amended Schengen Border Code, which in turn requires enhancement of bilateral police cooperation. It focuses on the impact of the new rules on the prohibition on police controls equivalent to border checks to highlight that the case-law of the Court of Justice on the matter creates a huge grey area which is critical for the ideal of a border-check-free Union. Increased use of video surveillance and other technologies also faces the legal bottleneck of prohibition on police controls having equivalent effects to border checks, as well as raising serious concerns on fundamental rights. It is argued that the situation resulting from these amendments to the Schengen Border Code should be considered in terms of an impending rule of law crisis at internal borders. [Correction added on 19 July 2024 after first online publication: The Abstract section was previously omitted and has been included in this version.]</p>","PeriodicalId":47166,"journal":{"name":"European Law Journal","volume":"30 1-2","pages":"74-86"},"PeriodicalIF":1.4,"publicationDate":"2024-05-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://onlinelibrary.wiley.com/doi/epdf/10.1111/eulj.12500","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141123349","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"OA","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"‘Foot in the Door’ or ‘Door in the Face’? The development of legal strategies in European climate litigation between structure and agency","authors":"Carlotta Garofalo","doi":"10.1111/eulj.12494","DOIUrl":"10.1111/eulj.12494","url":null,"abstract":"<p>Following the landmark <i>Urgenda</i> case, European social movements and legal networks have increasingly turned to courts to compel governments to more ambitious mitigation policies. The rapid proliferation of <i>Urgenda</i>-like cases in the most diverse European jurisdictions, makes a compelling case to investigate the motivations and goals animating European climate litigators, especially when facing high legal barriers. While timely legal analyses of high-profile climate litigation abound in the literature, an emerging body of research has focused on the genesis of climate cases , their strategies, and societal impacts. To contribute to this latter thread, the article investigates how legal barriers and considerations, and social movements' motivations and goals, have shaped a diverse range of legal strategies in high-profile climate lawsuits inspired by <i>Urgenda</i> in Europe. The article shows that courts might turn into very different arenas to pursue social change, in which actors elect cautious or daring strategies, depending on the legal system and tradition they refer to, but also their vision and objectives.</p>","PeriodicalId":47166,"journal":{"name":"European Law Journal","volume":"29 3-6","pages":"340-361"},"PeriodicalIF":1.4,"publicationDate":"2024-04-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://onlinelibrary.wiley.com/doi/epdf/10.1111/eulj.12494","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140804782","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"OA","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Guest editorial: Courts as an arena for societal change: An appraisal in the age of “environmental democracy”; In this issue","authors":"Asmaa Khadim,&nbsp;Margaretha Wewerinke-Singh,&nbsp;Jannemieke Ouwerkerk,&nbsp;Miranda Boone","doi":"10.1111/eulj.12495","DOIUrl":"10.1111/eulj.12495","url":null,"abstract":"&lt;p&gt;The impacts of environmental challenges, including climate change, are increasingly felt by individuals across the globe. Amidst the critical and, some argue, urgent nature of these challenges, and the perceived sluggishness of the executive and legislative branches of government in addressing them, citizens and civil society movements are increasingly seeking redress through judicial avenues. This trend shines a new light on fundamental questions about the role of law in society and the interplay between the political and the legal. It particularly challenges traditional notions of the judiciary's role, begging important questions: What motivates citizens to bring socially charged issues before the courts, and how do institutional frameworks influence the adjudication of such issues? What roles do governments, parliaments, courts and civil society play in these processes? What leads courts to render substantive decisions on these issues, or why do they refrain from doing so? What complexities arise when judges make decisions in such politically charged contexts? How can concerns about judicial independence and impartiality be balanced with evolving public expectations around the role of the courts? And what consequences does this shifting role have for the judiciary's self-image and its perceived legitimacy?&lt;/p&gt;&lt;p&gt;Environmental and climate change law presents a particularly fertile terrain to explore these questions. The concept of “environmental democracy”, as discussed by &lt;i&gt;Angelika Krężel&lt;/i&gt; in this issue in relation to strategic climate litigation in the European Union,\u00001 brings to the fore interesting questions pertaining to the justification for the role of courts and their legitimacy in addressing pressing societal issues. A countermajoritarian logic has traditionally supported the role of courts from a balance of power perspective, where court action is deemed necessary to amplify the voices of minorities or the vulnerable. This perspective also views judicial intervention as a way to enforce the rule of law by preventing asymmetries of power in society - be they economic or political - from having a detrimental impact on the way legal rules are interpreted and applied, as &lt;i&gt;Giorgio Cataldo&lt;/i&gt;'s essay examining key Italian constitutional court decisions in light of the European Court of Justice's case law illustrates. Courts in that sense constitute a democratic forum where the voice of the (silenced) majority is heard.\u00002 But courts can also have a direct impact on the definition of democracy itself as a space for contestation. This is exemplified by &lt;i&gt;Paolo Mazzotti&lt;/i&gt;'s call for a liberal interpretation of the climate defence of necessity in criminal courts, amidst a growing transnational movement of climate activists embracing civil disobedience.\u00003&lt;/p&gt;&lt;p&gt;Through the open texture of law, courts have played a key role in its interpretation and adaptation to evolving societal needs. &lt;i&gt;Henri de Waele&lt;/i&gt; has painted a picture of","PeriodicalId":47166,"journal":{"name":"European Law Journal","volume":"29 3-6","pages":"258-264"},"PeriodicalIF":1.4,"publicationDate":"2024-04-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://onlinelibrary.wiley.com/doi/epdf/10.1111/eulj.12495","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140806666","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"OA","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}