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See detailThe EU’s Impact on Data-driven Finance
Zetzsche, Dirk Andreas UL; Buckley, Ross; Arner, Douglas et al

in Common Market Law Review (in press)

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See detailThe EU’s Future of Data-Driven Finance
Zetzsche, Dirk Andreas UL; Buckley, Ross; Arner, Douglas et al

in Common Market Law Review (in press)

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See detailActivism on and off the bench: Pierre Pescatore and the law of integration
Fritz, Vera UL

in Common Market Law Review (2020), 57(02), 475-502

This article examines the life and career of Pierre Pescatore, one of the most prominent, but also controversial, promoters of European Community law. Drawing on extensive archive material, as well as ... [more ▼]

This article examines the life and career of Pierre Pescatore, one of the most prominent, but also controversial, promoters of European Community law. Drawing on extensive archive material, as well as interviews with relatives, it aims at understanding how and why he left such a strong footprint on the development of Community, later EU, law, both as a judge at the European Court of Justice and as a law scholar. Going beyond a one-man story, the article situates him in the broader context of the 1970s bench of judges in order to understand the so-called “activism” which the ECJ revealed during this decade. Thus, looking through the lens of one of the leading figures of the Court, it provides new explanations as to why the ECJ’s case law was so provocatively pro-integrationist during the 1970s. [less ▲]

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See detailThe EU’s Impact on Data-driven Finance
Zetzsche, Dirk Andreas UL; Weber; Arner, Douglas et al

in Common Market Law Review (2020)

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See detailThe EU’s Impact on the Future of Data-Driven Finance
Zetzsche, Dirk Andreas UL; Buckley, Ross; Arner, Douglas et al

Article for general public (2020)

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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 detailAndreas Orator, Möglichkeiten und Grenzen der Einrichtung von Unionsagenturen
Hofmann, Herwig UL

in Common Market Law Review (2019), 56

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See detailDiscretion, Care and Public Interests in the EU Administration: Probing the Limits of Law
Mendes, Joana UL

in Common Market Law Review (2016), 53(2), 419-452

Recent high profile judgments of the European Court of Justice (ESMA and Gauweiler) have endorsed the expansion of the EU’s executive powers, including those of its administration. Once such powers are ... [more ▼]

Recent high profile judgments of the European Court of Justice (ESMA and Gauweiler) have endorsed the expansion of the EU’s executive powers, including those of its administration. Once such powers are attributed or judicially endorsed, how far may law reach in structuring the exercise of discretion by EU administrative actors? The article analyses the way the EU courts have reviewed administrative discretion in instances where they have performed a close scrutiny thereof. It argues that the EU courts downplayed the role law ought to have in structuring the exercise of administrative discretion, by overlooking the public interests that ought to be pursued by force of legal norms. By contrast, the control of discretion by the European Ombudsman illustrates a different and normatively more demanding understanding of how law may operate in relation to discretion. [less ▲]

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See detailMultilevel Judicial Protection in the EU and Preliminary References
Lacchi, Clelia UL

in Common Market Law Review (2016), 53(2016), 679-707

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See detailAdministrative Sanctions in the European
Hofmann, Herwig UL

in Common Market Law Review (2015), 52

Book review of Administrative Sanctions in the European Union by Oswald Jansen (ed.)

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See detailConsumers' Access to EU Competition Procedures: Outer and Inner Limits
Mendes, Joana UL

in Common Market Law Review (2014), 51(2), 483-521

Enforcement of competition law affects consumers' economic interests, as part of the public interests EU competition law protects. Therefore, consumers ought to be involved in the respective enforcement ... [more ▼]

Enforcement of competition law affects consumers' economic interests, as part of the public interests EU competition law protects. Therefore, consumers ought to be involved in the respective enforcement procedures. Against this normative background, we analyse consumers' access to the public enforcement by the Commission; we assess whether and how the formal role they are assigned during this procedure and the way access is defined enable consumers to protect their economic interests. We identify outer and inner limits to consumers' access to competition enforcement procedures, arising from the Commission's discretion in handling complaints and in defining access to information. We critically evaluate those limits against the contention that the enforcement of competition law rules, and the way it is pursued by administrative actors, ought to be guided by the public interests inherent in EU competition law. [less ▲]

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See detail"Consistency" and Fundamental Freedoms: The Case of Direct Taxation
Haslehner, Werner UL

in Common Market Law Review (2013), 50(3), 737-772

This article undertakes it to analyse and pinpoint the significance of the principle of "consistency" for the interpretation of the fundamental freedoms, taking direct tax law as an example of a subject ... [more ▼]

This article undertakes it to analyse and pinpoint the significance of the principle of "consistency" for the interpretation of the fundamental freedoms, taking direct tax law as an example of a subject matter that falls squarely into the competence of the Member States. As such, direct taxation provides a prime example for the conflicting principles of national parliamentary sovereignty and quasi-constitutional supranational limits to this sovereignty and thus an ideal case for such analysis. It shows that many of the peculiarities of the ECJ decisions on tax discrimination can be reconceptualised and understood in terms of the idea of consistency. Through the discussion of the main justifications unique to direct tax cases, the article also reveals the Court of Justice's inconsistencies in respect of its application of that central idea and advocates a more stringent approach to improve the transparency of the case law and thus, in turn, its consistency. This approach is explained in more detail by reference to different tests for consistency to be employed on each stage of the proportionality analysis, and defended against possible objections to different standards of the concept. [less ▲]

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See detailCourts in transition: Administration of justice and how to organize it
Meij, Arjen UL

in Common Market Law Review (2013), 50(1), 3-14

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See detailExternal Representation of the European Union in the Conclusion of International Agreements
Gatti, Mauro UL; Manzini, Pietro

in Common Market Law Review (2012)

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See detailBook Review of 'Procedural Autonomy of EU Member States: Paradise Lost?' by D. Galetta
Hofmann, Herwig UL

in Common Market Law Review (2011), 48

Detailed reference viewed: 82 (2 UL)