References of "Warin, Catherine 50003304"
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See detailDroit luxembourgeois et européen de l'Asile
Chaouche, Fatima UL; Gerkrath, Jörg UL; Silga, Janine UL et al

Book published by Pasicrisie Luxembourg (2019)

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See detailThe Joint Way Forward on migration issues between Afghanistan and the EU: EU external policy and the recourse to non-binding law
Warin, Catherine UL; Zhekova, Zheni Mitkova UL

in Cambridge International Law Journal (2017), 6(2),

The EU increasingly uses non-binding agreements as part of its response to the ongoing migration crisis. The preparation and implementation of such agreements are conducted in imprecise circumstances in ... [more ▼]

The EU increasingly uses non-binding agreements as part of its response to the ongoing migration crisis. The preparation and implementation of such agreements are conducted in imprecise circumstances in terms of institutional responsibilities and they are subject to limited, if any, parliamentary control and judicial review. Taking the topical Afghanistan–EU Joint Way Forward as a focus point, this article raises the question whether the increasing recourse to non-binding instruments may be interpreted as a way of circumventing the constitutional allocation of powers to and within the EU. It highlights substantial issues related to the protection of fundamental rights and the allocation of the EU's financial resources stemming from the Joint Way Forward. It shows a number of legal drawbacks to this trend of using such non-binding instruments and argues in favour of more transparency and procedural clarity in their negotiation and implementation. [less ▲]

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See detailIndividual rights under Union law. A study on the relation between rights, obligations and interests in the case law of the Court of Justice
Warin, Catherine UL

Doctoral thesis (2017)

In the increasingly rights-centred legal system of the Union, the concept of individual rights is the source of growing confusion, and is more than ever in need of clarification. This thesis addresses the ... [more ▼]

In the increasingly rights-centred legal system of the Union, the concept of individual rights is the source of growing confusion, and is more than ever in need of clarification. This thesis addresses the following questions. Firstly, how does the relation between rights, obligations and interests define the nature and function of individual rights in the Union’s legal order? Secondly, to what extent is the evolution of the Union’s constitutional framework challenging the original concept of individual rights? These questions are addressed essentially by tracing the development of the CJEU’s method for identifying individual rights and by mapping the relation between rights, obligations and interests that emerges from the case law. The basic characteristics of the concept of individual rights are inferred from this relation. The case law on individual rights is examined through the lens of the basic concept of individual rights, i.e. in the light of the relation between rights, obligations and interests. The study scrutinises cases in which this relation took shape and is still developing, looking in turn at the protection of economic, non-economic, and collective interests. Special attention is paid to the impact of the introduction of the Charter of Fundamental Rights in the EU legal order as well as to the implications of the EU concept of rights for the requirement of an effective remedy. [less ▲]

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See detailIdentifying individual rights in EU law
Hofmann, Herwig UL; Warin, Catherine UL

E-print/Working paper (2017)

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