QUELQUES REFLEXIONS SUR LE RETOUR DU PRINCIPE DE PRIMAUTE : A PROPOS DES ARRETS POPLAWSKI (C-573/17) ET A.K. (C-585/18, C-624/18 ET C-625/18)

in Mélanges en l'Honneur du Professeur Jean Denis Mouton (in press)

Commentary of Article 272 TFEU: Jurisdiction of the Union courts pursuant to an arbitration clause

in Commentary of the TFEU (in press)

Accords internationaux, Compétence et conclusion

in Jurisclasseur Fascicule 192-1 (2019)

L'action extérieure de l'Union européenne à la lumière du Brexit

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 ▲]

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

in Integration in the EU (2019)

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 ▲]

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 ▲]

Citizenship in the EEA

Scientific Conference (2017, November 17)

The Present State of National Procedural Autonomy in EU Law

Presentation (2017, March 20)