References of "European Politeia"
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See detailThe ombre spirituel of Statehood in the European Union: Reflections on Nikos Scandamis’ Essay L’Etat dans l'Union européenne: Passion d’un grand acteur
Van Der Walt, Johan Willem Gous UL

in European Politeia (2016), (1), 145-185

Nikos Scandamis’ essay L’Etat dans l'Union européenne: Passion d’un grand acteur suggests the EU has flayed the Westphalian Leviathan. It has laid its dark insides bare to relentless scrutiny. But perhaps ... [more ▼]

Nikos Scandamis’ essay L’Etat dans l'Union européenne: Passion d’un grand acteur suggests the EU has flayed the Westphalian Leviathan. It has laid its dark insides bare to relentless scrutiny. But perhaps it could only do so by appropriating these dark insides for itself. The ombre spirituel that Schmitt associated with sovereign statehood does not seem to have disappeared like the rest of nationalistic mists before the rising sun of European integration. It has simply shifted along with the pretentions of this rising sun. The market place has in broad daylight become the source of a new shadow. This response to Scandamis argues that the CJEU, the principal agent of EU integration since its decisions in Costa v ENEL and Van Gend & Loos, has simply taken over the many ombres spirituels of the Member States in the form of one cloudy jurisprudence that allows for little democratic transparency. True, the EU does not claim to be a sovereign state as yet and it is often said that its goal is also not to become one. In the meantime, however, it pursues its governmental goals in the manner of a sovereign state under the ombre spirituel offered by the obscure jurisprudence of its highest judiciary. [less ▲]

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See detailThe State in the European Union; The Passion of a Great Actor
Neframi, Eleftheria UL

in European Politeia (2016)

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See detailA “Typus” as an Appropriate Legal Tool for the interpretation of the “No Bail-out” Clause: The 'Private Investor Principle'
Pantazatou, Aikaterini UL; Rodopoulos, Michail

in European Politeia (2015)

The purpose of this paper is to present the academic debate on the interpretation of Article 125 TFEU and to critically demonstrate the jurisprudential controversy that surrounds this provision, both from ... [more ▼]

The purpose of this paper is to present the academic debate on the interpretation of Article 125 TFEU and to critically demonstrate the jurisprudential controversy that surrounds this provision, both from the CJEU standpoint as well as the Bundesverfassungsgericht’s angle. While we believe that the Court interpreted rightly the provision at issue, we argue that it has left certain questions unanswered. The second part of the paper will develop our suggestion regarding the need to construct and adopt a ‘typus’, along the lines and by analogy to the ‘private investor principle’, as an appropriate form of legal reasoning for the interpretation of the ‘no bail-out clause’ proviso, that would allow more legal certainty as to the persisting question of what kind of financial assistance meets the purpose of Article 125 TFEU. [less ▲]

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