bluuebunny/crossref_metadata_2025 huggingface dataset:
The effect of Attachment with Significant Others on Emotion Regulation and Quality of Sleep among Youth
Authors: Syed Shaukat Ali , Bhatti Mazhar Iqbal
Published: March 2022

Purpose of the current study is to investigate the effect of attachment with significant others one motion regulation and quality of sleep among youth was to find out the impact of attachment with parents and peers on emotional regulation and sleep quality. Furthermore study find out the correlation among emotional regulation and sleep quality and in the same way the relation between attachment and sleep quality. Method: The cross-sectional co relational design was used to find out relation between variables and impact of one variables of the current study. Sample size was calculated by G power, a total number of 250 participants with age range of 18 to 25 year-old were selected by using the convenient sampling technique. The data was collected from two universities located in Islamabad and Rawalpindi Pakistan. Demographic Performa, Emotion Regulation Questionnaire (ERQ) Pittsburgh Sleep Quality Index (PSQI) and Inventory of Parent and Peer Attachment (IPPA) were used to gather data from participants. The data was analyzed using SPSS version 25, in which the Pearson’s product moment co relational test was applied to check the degree of association. Results: The results of the current study suggest that Parents and Peer attachment have significant negative association with quality of sleep. Secondly, the significant positively associated with emotion reappraisal and negatively associated with emotional suppression among youth was found. Thirdly, the findings also demonstrated that significant association exists between emotional regulation and sleep quality. Conclusion: The current study concluded that the attachment plays a significant role in emotion regulation and sleep quality.
Vieno lietuviško rankraštinio XIX a. antros pusės dokumento autorystės klausimu
Authors: Rekašiūtė Kotryna
Published: March 2022

Publikacijoje pristatoma Lietuvos mokslų akademijos Vrublevskių bibliotekos Rankraščių skyriuje (toliau – LMAVB RS) saugoma nežinomo autoriaus Prakalba lietuviškai gramatikai. Publikacijos tikslas – nustatyti galimą šio rankraštinio dokumento autorių. Manoma, jog tai žymus kalbininkas Kazimieras Jaunius (1848–1908). Esminiai žodžiai: Prakalba; gramatika; kalbotyra; Kazimieras Jaunius.
Žemėlapio kelias: iš mūšio lauko į Lietuvos mokslų akademijos Vrublevskių biblioteką
Authors: Gustaitis Rolandas
Published: March 2022

Lietuvos MA Vrublevskių bibliotekoje esantis 1804 m. Prūsijos karalystės žemėlapis išsiskiria rankraštiniu įrašu, nurodančiu, kad jis paimtas iš 1807 m. Frydlando mūšyje žuvusio rusų karininko. Jame esanti lenkų kariuomenės 12-ojo pėstininkų pulko vado, būsimo generolo Jano Veisenhofo (Jan Weyssenhoff, 1774–1848) proveniencija bei jo biografijos faktai leido nustatyti, kaip šis žemėlapis atsidūrė jo rinkinyje. Minėto generolo kolekcijos rinkinio paveldėtojo, literato Juzefo Veisenhofo ( Józef Weyssenhoff, 1860–1932) laiškai Lietuvos MA bibliotekos įkūrėjui Tadui Vrublevskui padėjo patikslinti šio žemėlapio, kaip ir nemažos dalies Veisenhofų knygų ir žemėlapių rinkinio, patekimo į T. Vrublevskio rinkinį (tuo pačiu ir į Biblioteką) aplinkybes. Pasakojimas apie šio išskirtinio žemėlapio istorinį kelią bus ir naujai kuriamame Lietuvos knygos ir mokslo minties muziejuje Bibliopolis. Esminiai žodžiai: 1804 m. Prūsijos karalystės žemėlapis; Janas Veisenhofas; Juzefas Veisenhofas; Tadas Vrublevskis; Jūžintai.
National Retrospective Bibliography – a reflection of the Romanian cultural heritage
Authors: Petre Maria Carmen Nadia
Published: March 2022

The paper presents a short history of the National Retrospective Bibliography of the Romanian book, highlighting its role and evolution from its establishment to the present. Thus, are mentioned aspects related to the foundation of the National Retrospective Bibliography, a fundamental work for the culture of the Romanian people, as part of Ioan Bianu’s plan, conceived and approved in 1895 by the Romanian Academy. Next, Bianu’s plan is presented in few details, specifying the periods in which the work was divided, as follows: Old Romanian Bibliography: 1508–1830, Modern Romanian Bibliography: 1831–1918 and Retrospective Romanian Bibliography: 1919–1952. A short presentation of Ioan Bianu’s career is made also. The National Retrospective Bibliography is an expression of the Romanian cultural heritage, having a significant role in fulfilling a historical mission: through the printed word it brought to the consciousness of the Romanians the idea of fulfilment of the greatest goal of December 1, 1918 – the unification of Transilvania, Basarabia, and Bucovina with the Romanian Kingdom. Keywords: national bibliography; retrospective bibliography; modern bibliography; Romanian bibliography; Romanian Academy Library; cultural heritage.
Życie, osobowość i relacje z bliskimi Antoniny z Czackich Krasińskiej
Authors: Woźniak Beata
Published: March 2022

Artykuł poświęcony jest Antoninie z Czackich Krasińskiej, matce generała Wincentego Krasińskiego, babce Zygmunta Krasińskiego. Pochodziła z rodziny zasłużonej dla Rzeczpospolitej, była siostrą twórcy Liceum Krzemienieckiego Tadeusza Czackiego i siostrzenicą Stanisława Małachowskiego, marszałka Sejmu Czteroletniego.
Case C-275/92, Her Majesty’s Customs and Excise v. Gerhart and Jörg Schindler, [I994] ECR 1-1039.
Authors: Hatzopoulos Vassilis
Published: March 2022

Some men gamble, some men drink,

some men lose all inhibitions.

But of those who are the gamblers,

some of them lose their clothes,

some of them win them back,

others put on the sackcloth.

(Carmina Burana, In the Tavern)
And Then They Were Twenty-Seven… A Legal Appraisal of the Sixth Accession Treaty
Authors: Lazowski Adam
Published: March 2022

On 1 January 2007 the European Union expanded to twenty seven Member States. In political terms the accession of Bulgaria and Romania is an important step in the unification of Europe, bringing the post war divisions of the continent to the end. However, it also raises questions of the future of the European Union and its unity. The sixth enlargement has been overshadowed by the economic and legal preparedness of the newcomers. The Accession Treaty makes this wave of enlargement possible; the question remains if it will be sufficient to secure smooth integration of the two least developed and poorest members of the European Union. This article provides an overview of the key provisions of the Accession Treaty. It starts with the analysis of the structure and institutional provisions of the Treaty. This is followed by parts devoted to safeguard clauses and transitional periods. Finally, the legal implications for the EU’s external commitments are taken on board.
Horizontal liability in EC law: Hybridization of remedies for compensation in case of breaches of EC rights
Authors: Reich Norbert
Published: March 2022

The paper tries to show that some general standards of EC law can be established already now for “horizontal liability” among private parties, as well as “vertical liability” for breaches of EC law by Community institutions under Art. 288 (2) EC or by Member states under the Francovich doctrine. The basic requirement is the violation of an EC law provision intending to protect private parties, e.g. under the competition or free movement rules. Remedies for compensation must be found under national law, but this must obey the principles of effectiveness and equivalence, which may be summarized as the principle of “adequate protection”. The existing national remedies may need to be reshaped and “upgraded” if they do not meet EC standards. This will lead to a “hybridization of remedies” with regard to the basic requirements of a “sufficiently serious breach”, causation, amount of compensation, and adequate procedures. Even if EC law must respect the diversity of Member State laws, it should still develop adequate, effective and equivalent common standards on compensation of EU citizens if their rights protected under Community law have been illegally violated by private parties.
Harmonization of Intellectual Property Law in Europe: The European Court of Justice’s Trade Mark Case Law 2004–2007
Authors: Leistner Matthias
Published: March 2022

The article gives an overview of the European Court of Justice’s (ECJ’s) Trade Mark Case Law from 2004 to 2007. Particular attention is paid to the further development of the Community Trade Mark system; besides, judgments concerning the interpretation of the Trade Mark Directive, and in particular the interface between national trade marks and the Community trade mark system are covered. As for the ECJ’s case law, a wide range of legal questions is covered. Seminal judgments have been rendered with regard to the absolute grounds for refusal, concerning in particular the problematic issues of trade mark protection for abstract colours or colour combinations and three-dimensional-shapes. In the last years, moreover, the focus of the ECJ’s case law in the field of trade marks has more and more shifted from the absolute grounds for refusal to the relative grounds for refusal, and to the concepts of genuine, infringing and descriptive use. As a result, the ECJ has by now rendered leading decisions on almost all problematic and relevant issues in trade mark law. However, the author argues that although the basic concepts underpinning this case law are sound and stable, the ECJ sometimes falls short of their proper concretization and remains at a rather abstract level of legal assessment. Consequently, the author argues in favour of an even more interfering and active role of the ECJ which would certainly substantially contribute to a coherent development in the future.
Acte clair revisited: Adapting the acte clair criteria to the demands of the times
Authors: Broberg Morten P.
Published: March 2022

Where the answer to a question about the interpretation or validity of Community law is needed to resolve a dispute before a national court of last instance, Article 234 EC requires this court to make a reference for a preliminary ruling to the European Court of Justice. In 1982, in the famous CILFIT judgment, the Court of Justice nevertheless acknowledged the so–called acte clair doctrine, so that where certain specific conditions are met, the obligation to refer may be waived. More than 25 years have passed since the CILFIT judgment was rendered and the time therefore seems ripe for reviewing the strict criteria established therein. In this article, it is argued that the acte clair doctrine may better meet the purpose underlying Article 234 in the Community of today if the criteria are adjusted so as not to require a national court of last instance to make a preliminary reference where the correct application of Community law does not leave any reasonable doubt as to the manner in which the question raised is to be resolved.
Learning to talk: Preliminary rulings, the courts of the new Member States and the Court of Justice
Authors: Bobek Michal
Published: March 2022

This article captures some of the first experience of the courts of the new Member States as well as of the Court of Justice, in their “conversations” following the 2004 enlargement. In the first part, it offers an overview of selected requests for a preliminary ruling made by the courts of the new Member States. The second part focuses on the often hidden practice before the courts of the new Member States and discusses some of the cases which “never made it” to the Luxembourg Court. In the third and final part, the attention is turned to the Community level and the impact the enlargement and the (so far) few preliminary references from the new Member States have had on the Court itself.The use of the CILFIT criteria in preliminary rulings, and the attitude of constitutional courts is considered.
Defence procurement: The most effective way to grant illegal State Aid and get away with it... or is it?
Authors: Heuninckx Baudouin
Published: March 2022

This article examines the ways in which the EC State aid rules apply to defence procurement in the EU and identifies the issues raised by the interplay between these two areas of the law.

The award of a public contract can be found to be State aid if it is not in the form of a “normal commercial transaction”. However, even though defence procurement generally has to comply with EC public procurement law, it can be subject to a number of exemptions for reasons of public security. This raises the issue of cross–subsidization from the military to the civil sector, which could be found to constitute State aid. Moreover, defence procurement contracts are often awarded without competition and include specific pricing mechanisms, and complex military equipment usually has no civil equivalent. These particularities make it difficult to compare the award of defence contracts with “normal commercial transactions”.

EC Member States usually do not consider possible interference between defence procurement and State aid rules. This creates the risk that defence contracts may have to be annulled if in breach of such rules, could undermine the regulation of State aid because of cross–subsidisation, and could also reduce the effectiveness of the EC policy to progressively open its defence market and render it more transparent.

This article therefore suggests how best EC Member States could implement a policy for the award of defence contracts without breaching the EC State aid rules.
Fisheries: A failure of values
Authors: Wakefield Jill
Published: March 2022

This article is concerned with the problems arising from the exploitation of, and extraction from, marine fisheries under the Common Fisheries Policy. The EC Treaty does not contain provisions dedicated to fisheries which, instead, are subsumed under the Agricultural Title. As a result, the CFP has relied on secondary legislation (such as the Fisheries Regulation) for its elaboration, its terms subject to rights and principles set out in primary legislation. This situation will remain unchanged as a result of the Lisbon Treaty. The objectives of the CFP of conservation, sustainability and economic exploitation are wide–ranging, diverse and not necessarily compatible. The values underpinning the CFP are sustainable exploitation, the precautionary approach, and the principle of relative stability, which have determined the operation of the fisheries policy and have been instrumental in the sector’s decline. Whilst the CFP is subject to the broader values of the Union (including the precautionary principle, and sustainable development), these have had the effect of putting fisheries under even greater pressure. The Commission’s response has been to try different management models, and, currently, it is seeking to move from rights–based to an eco–system based scheme. It is argued that the CFP is incoherent and incapable of meeting its objectives, lacking an integrated maritime policy, and that the situation cannot be rectified until the values underpinning the policy are revised.
The EU Patent: Cui Bono et Quo Vadit?
Authors: Jaeger Thomas
Published: March 2022

The debate over the creation of an EU patent right spans several fruitless decades. Recently, however, the row over proposals (the so-called European Patent Litigation Agreement: EPLA) for an enhancement of the institutional system for Munich patents (European patents) through a specialized court for litigation has re-envigorated those discussions and led to a focus on the design of the institutional and enforcement set-up for the future EU patent. In December 2009, eventually, an initial and limited agreement over the creation of an EU patent and a flanking court was reached among Member States in the Council. That initial agreement signals just the start of the lengthy legislative process under the co-decision procedure, the outcome of which is all but certain. Furthermore, it does not extend to some important details of the system, prominently the language regime, fees and the rules of procedure for the patent court. Still, the agreement is celebrated as a “political breakthrough” by the Commission and among the patent community. Is this kind of euphoria justified? After a brief look at the current situation with regard to patents in the EU, and how we arrived here, the article analyses the possible advantages of an EU patent. Then, on the basis of the reasons behind the prolonged stalemate in this area, the article explores the project’s chances of success following the recent agreement, highlights necessary changes and tries to display what the patent system’s eventual shape at the end of the legislative process might, or should, be
The Notion of Market Access: A Concept or a Slogan?
Authors: Snell Jukka
Published: March 2022

The internal market case law of the European Court of Justice often invokes the term market access, and recently the notion has been given a key role in defining the reach of the four freedoms of the TFE – free movement of goods, persons, services, and capital. Unfortunately the precise content of the term remains elusive. The use of the notion in (European Union) competition law and WTO law does not provide reliable guidance, due to the fundamentally different contexts. Further, it is not clear what the normative justification for distinguishing formally between access and exercise or direct and indirect effects is. The case law also lacks coherence. In some decisions the Court indicates that the impact on market access is the decisive criterion for the application of free movement provisions, but in others it is prepared to find a restriction or dismiss a case without even mentioning the term. In its most recent rulings the Court has focused on the magnitude of the effects of national measures (which erect barriers to entry), yet it has consistently rejected arguments based on the minor or slight impact of national rules. The article argues that, when pressed, the notion of market access collapses into economic freedom or anti-protectionism, and obscures the need to choose between the competing paradigms of free movement law.
“Thou shall not...(dis)trust”: Codes of Conduct and Harmonization of Professional Standards in the EU
Authors: Delimatsis Panagiotis
Published: March 2022

In the absence of the country of origin principle and thus quasi-automatic mutual recognition, the creation of codes of conduct (CoC) at a European level as an alternative, soft-law method of rule-making acquires new dynamics. CoC are an example of self-regulation by associations of undertakings. CoC, while voluntary, soft-law instruments, are considered as partaking in the effort to increase the ‘awareness of Europeanness’; pursue legitimate objectives that are accepted as valid at EU level; and ultimately guarantee a high level of quality commensurate with the ever-increasing expectations of the EU citizens with a view to enhancing trust among MS as to the equivalence of services and service suppliers originating in other MS. Such rules of conduct, which are typically adopted by non-state bodies (professional associations) when they exercise their legal autonomy, can hinder the intra-EU free movement of professionals. Hence, liberalization of factor mobility enshrined in primary and secondary EU law can be jeopardized by the adoption and application of such codes, which are also foreseen in the Services Directive.

This paper aims to explore the impact of CoC on further liberalizing professional services within the EU. It critically reviews the soft-law approach adopted by the EU in this area. Finally, the paper analyses the possible content of such CoC and its compatibility with EU law, notably the rules on free movement and competition.
The validity and applicability of international investment agreements between EU Member States under EU and international law
Authors: Dimopoulos Angelos
Published: March 2022

EU law affects the validity and applicability of intra-EU International Investment Agreements (IIAs) both under EU and international law. Although EU law and intra-EU IIAs create separate legal systems, they cover largely the same subject matter creating scope for potential conflicts. Using different tools and based on different legal principles, both EU law and international law require the determination of the specific incompatibilities between EU law and intra-EU IIAs in order to assess whether and to what extent the latter are applicable. In that regard, the provisions of intra-EU IIAs on dispute settlement and in particular investor-State arbitration present an outright incompatibility with EU law, as they violate the principle of autonomy of EU law and, thus, should be deemed inapplicable.
Online service providers and liability: A plea for a balanced approach
Authors: Van Eecke Patrick
Published: March 2022

Internet access providers, online platforms and other intermediaries benefit from a protection against liability claims caused by end-users' illegal or harmful information. This liability limitation is enshrined in the 2000 Directive on Electronic Commerce, a directive considered crucial for a proper functioning of the internal market, the uptake of the information society and the protection of freedom of speech.

Throughout the years, the liability protection for online intermediaries seems, however, to have been gradually carved out by case law, particularly on the Member State level. In recent cases, such as C- 236/08, Google France, and C-324/09, L'Oréal, the European Court of Justice has also interpreted relevant EU legislation. Online intermediaries are increasingly forced to monitor the activities of their users if they want to remain shielded from liability. Paradoxically, obliging online intermediaries to monitor the information transmitted or stored by users is forbidden by the same Directive on Electronic Commerce.

This article proposes a balanced approach in which the intermediary protection regime can be safeguarded, whilst still protecting the rights of third parties whose rights may be infringed on the internet.
Just what is the scope of the essential facilities doctrine in the energy sector?: Third party access-friendly interpretation in the EU v. contractual freedom in the US
Authors: Talus Kim
Published: March 2022

The application of EU competition law in the energy sector has intensified over the last few years. Article 102 TFEU and the essential facilities doctrine has been employed to change the way in which the European natural gas markets operate. Using a merits based approach to the essential facilities doctrine and transportation capacity contracts, the Commission is attempting to create a market structure capable of supporting competition. While the effect of this body of administrative cases is increasing opportunities for competition and as such can be seen as positive, the measures forced on the back of the essential facilities doctrine raise serious questions on its applicability and scope of actions it allows.

A comparison to the case law in the United States shows a stark difference in the approach on the other side of the Atlantic. The Courts in the United States have been less willing to substitute the market-based mechanism with their own views about the most efficient market structure.
Participation and the role of law after Lisbon: A legal view on Article 11 TEU
Authors: Mendes Joana
Published: March 2022

Participation in EU governance has been largely kept outside the realm of law. Article 11 TEU has the potential to change this status quo, despite the fact that, with the exception of the European citizens' initiative, it represents more the recognition of previous institutional practices than an innovation proper. This contribution presents a normative interpretation of Article 11 TEU and analyses the implications of the distinct transformation this Treaty article postulates: the transition from participation based on a logic of participatory governance to participation that concretizes democracy as a "value" or a founding principle of the Union, and that responds to the respective normative yardsticks, such as equality and transparency. This is the main challenge posed by Article 11 TEU. While acknowledging that law is not the only way of giving effect to the prescriptions of this Treaty article, this contribution discusses the role of law in operating the normative shift mentioned. It analyses why different EU institutions may be urged to reconsider the role of law with regard to participation, in view not only of Article 11 TEU - as law may be needed to guarantee the conditions that ensure participation as a source of democratic legitimacy in the EU - but also of other Treaty provisions.
The Brussels I Regulation: Recent case law of the Court of Justice and the Commissions proposed recast
Authors: Hess Burkhard
Published: March 2022

The European law of civil procedure is a steady process of evolution and improvement. Marked by growing cooperation between  the civil courts of EU Member States, this area of law is now increasingly dominated by judicial competition and by constitutional influences: on the one hand, the judicial systems of the Member States aspire to attract litigation of high value (often by plaintiff-oriented rules), and on the other hand, the European Court of Justice elaborates its case law on the principles of access to justice, free movement of judgments and fair trial in cross-border litigation. At present, the reform of the Brussels I Regulation (Reg. 44/2001) is on the legislative agenda. The main task of the European law-makers is to update the Regulation in order to maintain the sound administration of justice within the European Judicial Area by limiting competition between national judicial systems which does not necessarily correspond to the interests of private litigants. This article describes the ECJ's case law and takes stock of the present state of affairs for the Brussels I Regulation which is the cornerstone of the European law of civil procedure.
Public supply of optional standardized consumer contracts: A rationale for the Common European Sales Law?
Authors: Ackermann Thomas
Published: March 2022

Byreadingthe B2C partofthe Common European Sales Law (CESL) as a supplyof optional standardizedcontracts, thisarticletriestogivetheCommission'sproposalthebestpossible rationale. In contrasttoconventionalcontractcodescharacterizedbyloosebundlesofdefaultrulesthepartiesmayselectively stick toordivergefrom, an optional standardizedcontractis a tightbundleofdefaultruleswith a nameattachedto it. As optional standardizedcontractsaresimplyidentifiablebytheirlabel, theycantheoreticallysolvetheproblemofreadingcostsandthusavoidadverseselection. This ideahelpstomake sense ofthe rigid internalstructureofthe CESL thatgenerallyexcludescherry-picking. Fromthisperspective, itis also unobjectionableforthe CESL toaimat an upscalesegmentofconsumersbyoffering a high levelofprotection (leadingtocorrespondingly high prices). However, welfare-increasingeffectscanonlybeexpectedif Member States, third States and private organizationsareallowedtojointhecompetitionbyprovidingotherstandardizedcontracts. As theregulatoryframeworkcreatedbythe EU (choice-of-lawrestrictionforconsumercontractsandsubstantiveharmonizationof Member State laws) ties down all potential competitors, theseeffectswill not materialize. This leadstotheconclusionthattheCommissionis not seriouslypursuingtheideaof an optional law, but ultimatelymeanstopre-empt Member States' lawswithitsproposal.
Another look at the Eurobarometer surveys
Authors: Hubbard William H. J.
Published: March 2022

The current proposal for a Common European Sales Law (CESL) makes a number of empirical claims in support of its argument that differences in contract law among Member States are stifling trade, and that CESL will address these barriers to cross-border trade. These empirical claims rest largely on citations to a number of Flash Eurobarometer surveys and other surveys of businesses and consumers. A closer look at these surveys reveals that the cited statistics do not support the claims that contract-law-related obstacles present special barriers to cross-border trade for small- and medium-sized enterprises and consumers. Instead, a more ambiguous picture emerges - one that may suggest reconsideration of several of the design features of CESL. I conclude that a more careful assessment of the empirical foundations for CESL (whether in its current or a revised form) is necessary.
Harmonization, preferences, and the calculus of consent in commercial and other law
Authors: Levmore Saul
Published: March 2022

Local, disparate preferences are normally satisfied by variety in law, but in some circumstances, harmonization can bethe means by which a majority advances its members' local preferences. One unappreciated method involves the imposition of external costs by a majority on a minority. In its most common and extreme form, a majority imposes a tax on the population in order to finance a benefit that is limited to the majority. The asymmetry between burdens and benefits may be sufficiently great to generate inefficient expenditures. It is more difficult but not impossible to impose external costs through regulation. Commercial law is not free from this danger, because it reflects preferences about consumer protection, which is to say such things as wealth distribution and paternalism, and it pits interest groups against one another, as in the case of employees and tort claimants in the event of bankruptcy. Commercial law is therefore an area where groups might sometimes gain from diversity in legal rules, but might at other times find that harmonization allows a majority to benefit yet more. It is therefore difficult to know whether harmonization, which has many other causes, is beneficial or corrosive. When the majority of voters are relatively homogeneous, as is arguably the case among member countries in the European Union, the possibility of harmonization - or simply centralized decisionmaking - as a means of imposing external costs seems especially likely. There are means of reducing the danger, but harmonization itself should be expected to increase the influence of the central bureaucracy.
Official secrets and the negotiation of international agreements: Is the EU executive unbound?
Authors: Curtin Deirdre M.
Published: March 2022

Supranational executive power is mutating at the level of the EU political system through a growing array of institutions, (new) agencies and other actors who exercise in one way or another executive powers. One of the less visible though no less crucial executive powers is the management of access to official information. At the supranational level we have seen a growth in specific secrecy arrangements. An important way for building those secrecy arrangements is through the establishment of systems of classification of documents. These security rules have received little academic attention, both in terms of the legal framework and in terms of the empirical practice. This article aims to fill that gap in the existing literature by examining the intersection of internal institutional "security" rulemaking by the plural EU executive with legislative and Treaty requirements and in particular with parliamentary and public oversight mechanisms applied specifically to recent practice of negotiations on international agreements. Do the existing legal and political responses in the area of the negotiation of international agreements in particular indicate the existence of robust checks and balances by the EP to counteract the internal rulemaking power of the executive in the context of the EU? Is the EU executive "unbound" in a more general sense or adequately held in check by the EP in collaboration with other oversight institutions and the public?
The Courts approach to services (2006-2012): From case law to case load?
Authors: Hatzopoulos Vassilis
Published: March 2022

Undertheimpactoftheeconomicand legal developmentsofthe last years, an unprecedentedsurgeofservices' caseshavetransformedtheCourt'scaselawintocaseload. Sheernumberscombinewith strong diversity: cases touching upon crucial social issues, the delivery of welfare and the definition of citizenship, alternate with cases raising highly technical taxation issues and touching upon procedural specificities of public procurement or of copyright protection. Thearticle puts this case law into context and accounts for its input in the completion of the Internal Market. First, it explores the scope of the rules on services, the way they impinge upon the other EU fundamental freedoms, and the conditions under which they apply to private measures, as well as to purely internal situations; burden of proof issues are also important in this respect. Second, the interplay between the rules on services and other EU policy areas is discussed: fundamental rights, citizenship, services of general economic interest and migration rules either complement or antagonize with the rules on services. Third, the way in which this recent case law has affected essential regulatory means and concepts of the Internal Market, such as mutual recognition and proportionality, is presented. The conclusion drawn is that the increase and trivialization of the Court's case law on services has overstretched the judiciary's capacities in this area, thus calling for some sector-specific regulation; and with it, for fresh and/or alternative means of regulation.
Res judicata of national judgments incompatible with EU law: Time for a major rethink?
Authors: Kornezov Alexander
Published: March 2022

There is currently much uncertainty about the extent to which EU law can affect national rules on res judicata. The reason for this is the mainly casuistic approach which has so far prevailed both in the case law and in the doctrine. This article puts forward a new framework for examining the matter. It argues, in essence, that EU law can - and should - impose, on the one hand, stricter limits on the authority of res judicata of national judgments incompatible with EU law and, on the other hand, allow retrial in certain circumstances for the purpose of remedying a violation of that law.
Enhancing centralized enforcement of EU law: Pandoras Toolbox?
Authors: Bieber Roland , Maiani Francesco
Published: March 2022

State compliance with EU Law is crucial to the very existence of the Union. Traditionally, it has been secured through a combination of strong "private" and of weak "centralized" enforcement. However, this arrangement is no longer perceived to be sufficient. By endowing the Union with new tools vis-à-vis its Member States - penalties, conditionality, and the like - current reforms try to complement symbolic sanctioning with real "consequences". The goal is to reinforce the authority of EU Law. In this article, we question whether the new toolbox is fit for the purpose, or whether it risks to produce adverse effects which might even go as far as upsetting the Union's constitutional template.
Discretion, care and public interests in the EU administration: Probing the limits of law
Authors: Mendes Joana
Published: March 2022

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.
Convergence in competition fining practices in the EU
Authors: Dunne Niamh
Published: March 2022

The need for increased convergence in the decentralized processes for public enforcement of EU competition law has received much recent attention. Yet, this debate lacks a convincing explanation as to why the goal of effective enforcement warrants further harmonization. Focusing on fining practices for competition infringements, this article explores possible justifications to explain convergence; the legal or other means by which harmonization could be achieved; and the choice of converged practices that might be implemented. Whilst the strict necessity for convergence is less obvious, the evolving structure of decentralized enforcement would arguably benefit from increased alignment. Key concerns identified are the need to balance consistency with flexibility, and the reflection of an EU-wide consensus on fining practice.
Explaining the constitutional drivers behind a perceived judicial preference for free movement over fundamental rights
Authors: Reynolds Stephanie
Published: March 2022

The ECJ’s use of a breach/justification methodology to adjudicate tensions between free movement and fundamental rights has led to criticism that it prioritizes the former over the latter. While this article agrees that the structural presentation of fundamental rights as a “defence” to a prima facie restriction of free movement under the current adjudicative framework is problematic, it rejects the argument that this is evidence of some contestable subjective attitude on the part of the ECJ. Rather, it develops the position that the breach/justification model is the product of free movement’s historical and ongoing significance within EU law. Crucially, it explains the specific constitutional drivers – such as the expansion in free movement’s material and personal scope, the extension of its direct effect, and the strengthening of a decentralized enforcement system – that brought free movement into more frequent and more abrasive contact with fundamental rights. It is these developments that rendered the previously unproblematic breach/justification methodology a cause for concern.
Beyond the more economics-based approach: A legal perspective on Article 102 TFEU case law
Authors: Colomo Pablo Ibáñez
Published: March 2022

The interpretation of Article 102 TFEU by the EU courts has given rise to considerable controversy in the past decade. However, it is not always understood properly. The purpose of this contribution is to uncover the rationale underpinning the case law on exclusionary practices and to provide a legal perspective on ongoing debates. An analysis of the case law reveals that some practices are deemed prima facie abusive while others are only subject to Article 102 TFEU insofar as they are likely to have an anticompetitive effect. This difference mirrors the object/effect dichotomy that is observed in the context of Article 101 TFEU. The criteria used to draw the line between abuses “by object” and “by effect” are also the same. Against this background, it appears that the “frictions” observed in the case law can be understood and addressed following the principles sketched by the ECJ in Cartes Bancaires.
The end of the absence? The growing body of EU legislation on private enforcement and the main remedies it provides for
Authors: Wilman Folkert
Published: March 2022

Private enforcement is essential in the EU legal order. It has however long been left mainly to the Member States to lay down the rules on remedies and procedures that apply in such proceedings before their national courts. Nevertheless, with a view to facilitating this form of enforcement and addressing concerns in light of the reliance on national law, the EU has established a growing body of secondary EU law on the matter. This paper analyses that body of law. It concentrates on the four main private enforcement remedies (actions for damages, injunctive relief, contractual remedies, interim relief) provided for in selected acts of EU legislation relating to four fields of law (public procurement, intellectual property, consumer protection and competition law). It seeks to shed light also on the content and functioning of this kind of EU legislation more generally and on how it fits into the broader body of EU law.
The servitization of industry: EU law implications and challenges
Authors: Hojnik Janja
Published: March 2022

Servitization is one of the economic megatrends in modern society, a process that creates value by adding services to products, ranging from renting and maintaining expensive capital goods to producing smart objects and rapid prototyping. This article explores some of the EU law implications and challenges of servitization from the competition and consumer law perspective; it also considers servitization in cross-border trade, highlighting the close connection between servitization and globalization. EU law may on the one hand act as a driver for servitization, by helping to pave the way for more innovative solutions, while at the same time preventing the negative implications of servitization for European society and economy. However, when regulation lacks clarity or is not timely adopted, it may be a barrier to new business models, thereby restraining the competitiveness of EU industry and growth.
With great power, comes no responsibility? The political exception to duties of sincere cooperation for national parliaments
Authors: Woodhouse Andrew
Published: March 2022

As national parliaments gain power in relation to the Union legislative process, we must ask what legal obligations might attach to this increased influence. For Union institutions, obligations apply based on a model of internal immunity and external responsibility; their internal deliberations benefit from a “political exception” to duties of sincere cooperation and it is their external actions for which they are held accountable. This model works for national parliamentary influence on a Council representative; such influence is part of the internal action of the Council and thus ought to benefit from the “political exception”. However, for aggregative power, such as the “early warning system” and the “red card”, this model is problematic, because such power is not accompanied by an externally-facing institutional architecture which can be held accountable. However, this potential for imbalance between rights and obligations ought not be remedied by imposing duties on individual national parliaments: they are actors within a legislative power and thus ought to benefit from the “political exception”.
The new territorial scope of EU data protection law: Deconstructing a revolutionary achievement
Authors: Gömann Merlin
Published: March 2022

The entry into force in May 2018 of the EU’s General Data Protection Regulation (GDPR) will see the territorial scope of EU data protection expand to include certain processing operations by third country data controllers. The prevailing view is that this will be a revolutionary achievement, both in terms of effective fundamental rights protection and establishing a level playing field for competitors on the EU market. In contrast, this article argues that the broadening is not revolutionary – as it was largely foreshadowed by the Court of Justice’s judgment in Google – nor does it significantly improve the effectiveness of EU data protection law. The contribution first analyses the Court’s interpretation of the Data Protection Directive, before focusing on the GDPR’s lack of legal certainty, which it identifies as a core deficiency of the legislative expansion.
The autonomy of the EU legal order in the ECJs external relations case law: From the essential to the specific characteristics of the Union and back again
Authors: Contartese Cristina
Published: March 2022

Notwithstanding the abundant literature on the external dimension of EU autonomy, the meaning of the term still appears “nebulous”. The purpose of this article is to shed light on its elements through a close examination of the expressions that accompany the notion of “autonomy” in the ECJ’s case law, such as “very foundations”, “very nature”, “essential characteristics” and “specific characteristics” of the EU and EU law. It will be shown that autonomy is closely intertwined with the notions of “essential characteristics” and the “very foundations” of the EU legal order and that, accordingly, only an impact on those elements undermines its autonomy. Nevertheless, in Opinion 2/13, the Court applied such a broad interpretation of its previous case law on autonomy as to leave unsettled the identification of its limits. Autonomy still remains, in sum, partially “nebulous”.
Withdrawal under Article 50 TEU: An integration-friendly process
Authors: Hillion Christophe
Published: March 2022

Article 50TEU acknowledges the right of Member States to withdraw from the EU, and contains a specific procedure. It also constitutes the legal basis of an exceptional EU competence whose purpose is to ensure that a Member’s departure is “orderly”. This qualification entails the conclusion of an agreement between the parties on the terms of the withdrawal, but also presupposes that the withdrawal does not undermine the integrity of the EU legal order, while contributing to the fulfilment of the Union’s integration objective. The unprecedented exercise of that competence has enriched the law of European integration: core components of the constitutional identity of the EU have been (re)affirmed, the role of its institutions bolstered, and Union membership law further articulated. Paradoxically, withdrawal may therefore be envisaged as an integration-friendly process.
Consequences of Brexit for international agreements concluded by the EU and its Member States
Authors: Wessel Ramses A.
Published: March 2022

The impact of Brexit on the external relations of the EU and the UK runs the risk of receiving less attention because of the difficult internal negotiations on the future of the UK-EU relationship. Yet, the legal complexities related to the fact that the UK will no longer be part of the EU’s external relations regime are equally challenging, and increasingly present themselves now that “Brexit day” approaches. The present contribution analyses the consequences of Brexit for the UK to negotiate and conclude new international agreements, as well as the impact of the UK’s withdrawal on existing international agreements concluded by the EU and its Member States with almost all States in the world.
Personal and family tax benefits in the EU Internal Market: From Schumacker to fractional tax treatment
Authors: Niesten Hannelore
Published: March 2022

Applying EU rules of market integration and fundamental freedoms, the ECJ’s Schumacker doctrine states that the taxpayer’s personal and family circumstances must be taken into account in the internal market. In EU cross-border situations, taking into account of personal and family circumstances has been denied in many cases by Member States. This article argues that the ECJ’s Schumacker doctrine contains a number of inconsistencies and incorrect assumptions, and concludes that EU law need not follow this doctrine, but rather should evolve in a different direction. By critical assessment and evaluation of the complex and refined Schumacker doctrine over the last years (e.g. the recent Case C-283/15, X), possible tools to reshape the consideration of taxpayers’ personal and family circumstances can be devised. As an alternative to the jurisprudential Schumacker doctrine, a system of proportional distribution of personal and family tax benefits (i.e. “fractional tax treatment”) over the residence and working State(s) should be implemented.