La portée intégrative du système juridictionnel de l’Union européenne sous le prisme des obligations incombant aux Etats membres

in Integration in the EU (in press)

Commentaire de l'article 21 TUE

in Dubos, Olivier; Platon, Sébastien (Eds.) Commentaire du Traité sur l'Union européenne (in press)

Article 21 TEU is introduced by the treaty of Lisbon and concerns a global approach of the EU external action objectives. The commentary underlines the impact on the exercise of the external competence of ... [more ▼]

Article 21 TEU is introduced by the treaty of Lisbon and concerns a global approach of the EU external action objectives. The commentary underlines the impact on the exercise of the external competence of the EU, the relation between the objectives, the importance of the principle of coherence and relation between values and objectives. [less ▲]

Autonomy and EU Competences in the Context of Free Trade and Investment Agreements

in Bosse Platiere, Isabelle; Rapoport, Cecile (Eds.) Negotiation and Conclusion of the New Generation of Free Trade Agreements (2019)

Article 216(1) TFEU and the Union’s shared external competence in the light of mixity

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 ▲]

Introduction

in Neframi, Eleftheria; Gatti, Mauro (Eds.) Constitutional Issues of EU External Relations Law (2018)

L’UNION EUROPEENNE ET LES ACCORDS DE LIBRE-ECHANGE NOUVELLE GENERATION QUELLE EFFICACITE D’ACTION D’UNE UNION A COMPETENCE LIMITEE ?

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 ▲]

La force intégrative du statut de l'Etat membre sur la fonction juridictionnelle

in Potvin Solis, Laurence (Ed.) Le statut d'Etat membre de l'Union européenne (2018)

The integrative force of the Member States’ status on the judicial function is expressed through the loyalty obligation to provide remedies sufficient to ensure effective legal protection in the fields ... [more ▼]

The integrative force of the Member States’ status on the judicial function is expressed through the loyalty obligation to provide remedies sufficient to ensure effective legal protection in the fields covered by Union law (Art 19, par 1, subpar 2, TEU). Member States have to ensure access to the national judge, who has been entrusted with a European mandate, and who is in measure to cooperate with the Court of Justice through the preliminary reference procedure. The Member States establish in this way an integrated judicial function. The exercise of such a function by the national judge, in cooperation with the Court of Justice and under the control of the Member State, implies integrative dynamic, which however depends on the balancing exercise with national procedural autonomy and the margin of appreciation of the national judge. [less ▲]

Citizenship in the EEA

Scientific Conference (2017, November 17)

The Present State of National Procedural Autonomy in EU Law

Presentation (2017, March 20)

Compte rendu de l'ouvrage de J-F Delile: L’invocabilité des accords internationaux devant la Cour de justice de l’Union européenne et le Conseil d’Etat français

in Annuaire de Droit Européen (2017)