References of "Neframi, Eleftheria 50002744"
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See detailExternalisation de la politique migratoire et identité de l'Union européenne
Neframi, Eleftheria UL; Gatti, Mauro UL

in Benlolo, Myriam (Ed.) L'Union européenne et les migrations (in press)

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See detailArticle 47 of the Charter in the Opinion procedure
Neframi, Eleftheria UL

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 ▲]

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See detailLa Charte dans l'action extérieure de l'Union européenne
Neframi, Eleftheria UL

in Iliopoulou Penot, Anastasia; Xenou, Lamprini (Eds.) La Charte des droits fondamentaux de l'UE (in press)

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See detailPermanent investment courts and the EU legal order
Neframi, Eleftheria UL

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 ▲]

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See detailChronique Principes du droit administrative européen
Neframi, Eleftheria UL

in Revue Française d'Administration Publique (2020)

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See detailAccords internationaux, Compétence et conclusion
Neframi, Eleftheria UL

in Jurisclasseur Fascicule 192-1 (2019)

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See detailArticle 216(1) TFEU and the Union’s shared external competence in the light of mixity
Neframi, Eleftheria UL

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 ▲]

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See detailL'action extérieure de l'Union européenne à la lumière du Brexit
Neframi, Eleftheria UL

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 ▲]

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See detailAutonomy and EU Competences in the Context of Free Trade and Investment Agreements
Neframi, Eleftheria UL; Gatti, Mauro UL

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

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See detailConstitutional Issues of EU External Relations Law
Neframi, Eleftheria UL; Gatti, Mauro UL

Book published by Nomos (2018)

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See detailIntroduction
Neframi, Eleftheria UL; Gatti, Mauro UL

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

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See detailUne approche particulière du dialogue des juges au sein de l'espace économique européen
Neframi, Eleftheria UL; Lacchi, Clelia UL

in Monjal, Pierre Yves (Ed.) Une approche particulière du dialogue des juges au sein de l'espace économique européen (2018)

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See detailLa force intégrative du statut de l'Etat membre sur la fonction juridictionnelle
Neframi, Eleftheria UL

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 ▲]

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See detailThe competence to conclude the new generation of free trade agreements: lessons from Opinion 2/15
Neframi, Eleftheria UL

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 ▲]

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See detailThe Dynamic of the EU Objectives in the Analysis of the External Competence
Neframi, Eleftheria UL

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

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See detailL’UNION EUROPEENNE ET LES ACCORDS DE LIBRE-ECHANGE NOUVELLE GENERATION QUELLE EFFICACITE D’ACTION D’UNE UNION A COMPETENCE LIMITEE ?
Neframi, Eleftheria UL

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 ▲]

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See detailCitizenship in the EEA
Neframi, Eleftheria UL

Scientific Conference (2017, November 17)

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