![]() Neframi, Eleftheria ![]() ![]() in Benlolo, Myriam (Ed.) L'Union européenne et les migrations (in press) Detailed reference viewed: 166 (10 UL)![]() Neframi, Eleftheria ![]() in European Papers (in press) This paper affirms that external relations are outside the scope of Article 47 of the Charter. This does not however mean that the principle of judicial protection and the right of access to an ... [more ▼] This paper affirms that external relations are outside the scope of Article 47 of the Charter. This does not however mean that the principle of judicial protection and the right of access to an independent tribunal have only an internal EU law dimension. In Opinion 1/17, The Court of Justice could assess the CETA’s compatibility with the right of access to an independent tribunal without having recourse to Article 47 of the Charter, on the ground either of the principle of autonomy or of the compatibility with the substantive provisions of the common commercial policy. This paper argues that while judicial protection as part of the autonomy claim could meet some conceptual limits, promoting judicial protection as part of the common commercial policy could reinforce the perception that the Union is a credible and influential actor in international trade and in international procedural law. [less ▲] Detailed reference viewed: 82 (1 UL)![]() Neframi, Eleftheria ![]() in Iliopoulou Penot, Anastasia; Xenou, Lamprini (Eds.) La Charte des droits fondamentaux de l'UE (in press) Detailed reference viewed: 65 (2 UL)![]() Neframi, Eleftheria ![]() in Commentary of the TFEU (in press) Detailed reference viewed: 350 (12 UL)![]() Neframi, Eleftheria ![]() in Mélanges en l'Honneur du Professeur Jean Denis Mouton (in press) Detailed reference viewed: 109 (2 UL)![]() Neframi, Eleftheria ![]() in Jean Bernard Auby, Jacqueline Dutheil de la Rochère (Ed.) Traité de droit administratif européen (in press) Etude du rôle du principe de coopération loyale, en tant que principe distinct des principes spécifiques qui régissent l’administration indirecte Detailed reference viewed: 13 (0 UL)![]() Neframi, Eleftheria ![]() in European Yearbook of International Economic Law (in press) In the external action of the Union, the establishment of permanent investment courts is not only part of the common commercial policy, but also an expression of the objective to promote the rule of law ... [more ▼] In the external action of the Union, the establishment of permanent investment courts is not only part of the common commercial policy, but also an expression of the objective to promote the rule of law and to act as an influential actor in international procedural law. Through its participation in agreements establishing a bilateral investment court system (ICS) and in the negotiation of the convention establishing a Multilateral Investment Court (MIC), the Union aims to promote its own standards of judicial protection while preserving the constitutional framework at the basis of the principle of autonomy. The present paper deals with the question of division of competences, especially in the context of the establishment of a MIC and in the allocation of international responsibility in Investor-State Dispute Settlement (ISDS) mechanisms. Moreover, it discusses the scope of fundamental principles of the EU legal order through the position of the Court of Justice in Opinion 1/17 and the analysis of the compatibility of the ICS with primary EU law. While the principles of conferral and of the autonomy of the EU legal order impose constraints to the external action of the Union, their scope is at the same time interpreted in a way to accommodate their guarantee with the EU’s objective to contribute to the major reform of the ISDS. In that way, the guarantee of the EU legal order’s constitutional requirements is not necessarily a limit to the efficiency of the Union’s external action [less ▲] Detailed reference viewed: 475 (39 UL)![]() Neframi, Eleftheria ![]() in Revue Française d'Administration Publique (2020) Detailed reference viewed: 26 (0 UL)![]() Neframi, Eleftheria ![]() in Common Market Law Review (2020) Detailed reference viewed: 13 (1 UL)![]() Neframi, Eleftheria ![]() in Jurisclasseur Fascicule 192-1 (2019) Detailed reference viewed: 58 (2 UL)![]() Neframi, Eleftheria ![]() ![]() in Bosse Platiere, Isabelle; Rapoport, Cecile (Eds.) Negotiation and Conclusion of the New Generation of Free Trade Agreements (2019) Detailed reference viewed: 169 (3 UL)![]() Neframi, Eleftheria ![]() in Integration in the EU (2019) Detailed reference viewed: 137 (9 UL)![]() Neframi, Eleftheria ![]() in Common Market Law Review (2019), 56(2), 489-520 Case C-600/14, Germany v Council, (Amendment of the Convention concerning International Carriage by Rail –COTIF), Judgment of the Court (Grand Chamber), of 5 December 2017, EU:C:2017:935. The COTIF case ... [more ▼] Case C-600/14, Germany v Council, (Amendment of the Convention concerning International Carriage by Rail –COTIF), Judgment of the Court (Grand Chamber), of 5 December 2017, EU:C:2017:935. The COTIF case gave the Court of Justice the opportunity to clarify the distinction between Article 3(2) TFEU and Article 216(1) TFEU and, thus, to address the question of facultative mixity. [less ▲] Detailed reference viewed: 179 (10 UL)![]() Neframi, Eleftheria ![]() in ERPL/PEDP (2019), 31(1), 209-239 The withdrawal of the UK from the Union places the exiting Member State within the framework of the exernal action of the Union. The present contribution studies the two dimensions of the impact of Brexit ... [more ▼] The withdrawal of the UK from the Union places the exiting Member State within the framework of the exernal action of the Union. The present contribution studies the two dimensions of the impact of Brexit on the external action of the European Union: on the one hand, in the relationships between the UK-third country and the EU; on the other hand, in the relationships between the EU and the third countries and in particular in what concerns the change in treaty relations. The principles that govern the Union’s external action are adapted to the specific process and to the unprecedented context of Brexit, without losing sight of the Union’s objective of affirming itself as an international credible player. A new dynamic of the external action of the Union could emerge from the opportunity that Brexit offers to reconsider the status of Member State and the Union’s objectives. [less ▲] Detailed reference viewed: 86 (5 UL)![]() Neframi, Eleftheria ![]() ![]() Book published by Nomos (2018) Detailed reference viewed: 154 (11 UL)![]() Neframi, Eleftheria ![]() in Annuaire Français des Relations Internationales (2018) New generation of free trade agreements (CETA, TTIP, agreements with Singapore, China, Vietnam, Japan i.e.) are the expression of the objective of making the European Union a global international actor ... [more ▼] New generation of free trade agreements (CETA, TTIP, agreements with Singapore, China, Vietnam, Japan i.e.) are the expression of the objective of making the European Union a global international actor. The external action of the Union is however dependent on the principle of conferral and the division of competences with its Member States. It results from Opinion 2/15 of the Court of Justice that the EU competence to conclude the free trade agreement with Singapore is not exclusive, as long as provisions concerning non-direct investments and dispute settlement fall under the shared competence of the Union and its Member States. The limits of the Union’s external competence and the conclusion of a mixed agreement jeopardise the effectiveness of the Union’s external action. However, the objective of an efficient external action allows a novel interpretation of the scope of the Union’s competence in the field of common commercial policy, comprising sustainable development provisions, as well as of the conditions of exercise of shared external competences. [less ▲] Detailed reference viewed: 244 (9 UL)![]() Neframi, Eleftheria ![]() in Chaisse, Julien (Ed.) China-European Union Investment Relationships (2018) Opinion 2/15 addresses the question of the external competence of the EU to conclude a free trade agreement with Singapore (EUSFTA). The nature of the EU’s competence determines the conclusion of an EU ... [more ▼] Opinion 2/15 addresses the question of the external competence of the EU to conclude a free trade agreement with Singapore (EUSFTA). The nature of the EU’s competence determines the conclusion of an EU-only agreement, or a mixed agreement, jointly by the Union and its Member States. The Court of Justice of the European Union held that the EU competence to conclude the EUSFTA is not exclusive, as long as provisions concerning non-direct investments and dispute settlement fall under the shared competence of the Union and its Member States. The Court of Justice made valuable contributions to the interpretation of the scope of the Union’s competence in the field of common commercial policy, comprising sustainable development provisions, as well as to the interpretation of implied external competences, and clarified the status of non-substantive provisions. However, uncertainty remains as far as the meaning and the impact of a shared competence are concerned. [less ▲] Detailed reference viewed: 233 (19 UL)![]() Neframi, Eleftheria ![]() ![]() in Neframi, Eleftheria; Gatti, Mauro (Eds.) Constitutional Issues of EU External Relations Law (2018) Detailed reference viewed: 56 (3 UL)![]() Neframi, Eleftheria ![]() in Neframi, Eleftheria; Gatti, Mauro (Eds.) Constitutional Issues of EU External Relations Law (2018) Detailed reference viewed: 171 (14 UL)![]() Neframi, Eleftheria ![]() ![]() in Monjal, Pierre Yves (Ed.) Une approche particulière du dialogue des juges au sein de l'espace économique européen (2018) Detailed reference viewed: 161 (16 UL) |
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