bluuebunny/crossref_metadata_2025 huggingface dataset:
On “federal” Ground: The European Union as an (Inter)national Phenomenon
Authors: Schütze Robert
Published: March 2022

The emergence of the United States of America in the eighteenth-century triggered a semantic revolution in the federal principle. Federalism became identified with a mixed structure between international and national organisation. However, when this American tradition crossed the Atlantic in the nineteenth century, Europe’s obsession with indivisible sovereignty pressed the novel idea into a national format. This article analyses the European Community and European Union in light of the American and European federal tradition. It explores the analytical potential of American federal thought in examining the European Union along three dimensions: a foundational, an institutional and a functional dimension. The question of Kompetenz-Kompetenz arises. This inductive approach is contrasted with the deductive approach of European thought. Europe’s “statist” tradition insists on the indivisibility of sovereignty. This leads to three constitutional denials: the European Union is said to have no constitution, nor a people (demos), nor a constitutionalism. The very existence of the European Union, often labelled sui generis, has challenged this tradition and, today, European federal thought has gradually come to acknowledge the idea of federalism beyond the State.
Germs of Pluralist Judicial Adjudication: Advocaten Voor de Wereld and Other References from the Belgian Constitutional Court
Authors: Cloots Elke
Published: March 2022

The relationship between Europe’s legal orders is frequently depicted in terms of “constitutional pluralism”. Constitutional pluralists maintain that the EU legal order and the legal orders of the Member States are distinct but interacting, and that they stand in a non-hierarchical relation to one another, allowing regional autonomy. The significance of the pluralist theoretical perspective for judicial adjudication, however, has not been sufficiently assessed. For instance, does constitutional pluralism accommodate or, rather, oppose the supremacy claims currently made by the ECJ and national constitutional courts respectively? And, in the latter case, what alternative decision-making techniques are available to courts facing constitutional issues with an aspect of EU law? What are the consequences for protection of nationally entrenched fundamental rights? Those are the major questions being addressed in this article. Building upon a detailed analysis of three preliminary ruling procedures initiated by the Belgian Constitutional Court, this article purports to formulate some general recommendations to judges who wish to adjudicate in a truly “pluralist” manner. The cases at issue are Advocaten voor de Wereld, Ordre des barreaux francophones et germanophone et al., and Government of the French Community and Walloon Government v. Flemish Government, each of which contains germs of pluralist judicial adjudication.
EU External Action after the Collapse of the Pillar Structure: In search of a New Balance between Delimitation and Consistency
Authors: Van Elsuwege Peter
Published: March 2022

This article analyses the relationship between the EU’s Common Foreign and Security Policy (CFSP) and its other external policies after the entry into force of the Treaty of Lisbon. It discusses the implications of the EU’s single legal personality and the institutional innovations to enhance the coherence of the EU’s external action in light of the division of EU external powers and competences. It is argued that the ill-defined nature of CFSP competences and the abolition of the hierarchical delimitation rule of former Article 47 (now as amended Art. 40) TEU places the Court of Justice for a nearly impossible task to delineate the boundaries between the different components of EU external action. The potential for inter-institutional conflicts is illustrated with the new rules for the adoption of restrictive measures against individuals. It is concluded that the delimitation of competences in the field of EU external action cannot be disconnected from the duty of consistency.
The reception of European Union law in Hungary: The Constitutional Court and the Hungarian judiciary
Authors: Varju Marton , Fazekas Flora
Published: March 2022

The reception of European Union law in Hungary has produced mixed results. The Constitutional Court, entangled in a jurisprudence which focuses primarily on the question whether it has competence under national law to address issues of EU law, has refrained from formulating a comprehensive account of the constitutional impact of membership in the European Union. The constitutional limits of membership remain obscure leaving the parameters of constitutional control following the principles of democracy, the rule of law and national sovereignty unspecified. The approach of the Hungarian judiciary, under the coordination of the Supreme Court, has been more ambitious. The basic tenets of the judicial application of European Union law have been secured in the jurisprudence, and Hungarian courts regard themselves equipped to interpret and apply EU law. There are indications, however, that the jurisprudence incorporated the relevant principles without sufficient care for legal detail and without regard to the qualifications and limitations of those principles in EU law. Instances of material misdirection in EU law also shed certain doubts over the performance of Hungarian courts.
Judicial review of investigative acts of the European anti-fraud office (OLAF): A search for a balance
Authors: Inghelram Jan F. H.
Published: March 2022

Considering OLAF's far-reaching investigation powers, the article deals with the question what role judicial review can or should play in effectively protecting the fundamental rights of persons under investigation by OLAF. The article gives an overview of the different kinds of judicial review which are relevant in this respect, including interim relief. It also includes considerations on the possible contribution of the fundamental right to an effective remedy (Art. 47 of the Charter of Fundamental Rights of the EU) to the debate on judicial review of OLAF investigative acts.

The article focuses in particular on the case law on the inadmissibility of actions for annulment against OLAF investigative acts. This case law is based on the view that such acts do not to bring about a distinct change in the legal position of the applicant. In the article, it is proposed that an action for annulment could be considered admissible against an OLAF investigative act if such an act is shown to have deprived the applicant of the effective exercise, or of the benefit, of a fundamental right, thus opening a review limited to examining the compatibility of that specific act with fundamental rights.
Best and even better practices in commitment procedures after Alrosa: The dangers of abandoning the struggle for competition law
Authors: Wagner–von Papp Florian
Published: March 2022

In the Alrosa case, the ECJ adjudicated on the degree of protection to be afforded to undertakings against disproportionate commitments in the procedure under Article 9 of Regulation (EC) 1/2003. The General Court required a substantially full proportionality review, because commitments are made binding on the undertakings by a unilateral Commission decision. In contrast, the ECJ largely dispensed with the review for proportionality, because commitments are voluntarily offered by the undertakings. The article discusses the hybrid character of commitment decisions between a purely unilateral command and a freely negotiated contract. It argues that the ECJ's Alrosa decision has removed practically all constraints on the Commission in the commitment procedure. This lack of constraints may result in a vicious circle, leading to ever more commitment decisions and ever fewer infringement decisions. Undertakings start to extrapolate their obligations from commitment decisions and guidelines that do not authoritatively state the law. This reliance on "quasi case law" increases the Commission's discretion in future negotiations. The incentives for the Commission to resort to the commitment procedure are especially strong in cases involving novel legal issues, in which the benefit of legal certainty provided by an infringement decision would be particularly large. There is a danger that the struggle for law is abandoned in favour of discretionary case-to-case negotiations. In order to avoid this development, one could either subject the commitment procedure to more demanding constraints or one could make infringement decisions relatively more attractive by allowing the Commission increased discretion in devising proactive remedies.
Administrative enforcement, judicial review and fundamental rights in EU competition law: A comparative contextual-functionalist perspective
Authors: Nazzini Renato
Published: March 2022

This article examines whether the current institutional framework for the enforcement of EU competition law under Regulation 1/2003 is compatible with the principle of effective judicial protection. This question is answered by developing a test which takes into account, in a structured way, all the contextual factors of the case in the light of the objective pursued by the Legislature in enacting a given enforcement system. Comparative analysis of United States and Canadian constitutional law provides key insights for the development of such a test. This article concludes that the current system under Regulation 1/2003 is unconstitutional insofar as judicial review of Commission decisions by the EU courts is deferential. However, while the current trend is to move to a correctness standard of review across the board, a system in which a competition authority with sufficient safeguards of independence and impartiality of the decision-maker is subject to deferential judicial review in appropriately defined matters is more in line with the institutional balance between the European Commission and the EU courts envisaged by the EU Treaties and Regulation 1/2003, has advantages as a matter of policy over a system in which a court has the duty to review the merits of a first instance administrative decision, and would be compatible with the constitutional standards in force in leading common law systems such as the United States and Canada.
The Continental Shelf: No longer a terra incognita to the EU
Authors: Mehta Ravi S.
Published: March 2022

The current state of EU law reveals an unclear and incoherent approach to the question of its applicability to the Continental Shelf of Member States. The ambiguity in rules of public international law have led to divergences in Commission practice and EU secondary legislation. However, the case law of the Court of Justice of the European Union has tentatively led the way towards a functional approach to the territorial scope of the EU Treaties, attached to the sovereignty or jurisdiction of Member States. This position, hinted at in the recent Grand Chamber judgment in Case C-347/10 Salemink but not firmly clarified, is both theoretically and practically justifiable and should be unequivocally embraced by relevant actors in this area. Such an approach would be an important step towards tracing the precise contours of the geographic areas to which EU law applies.
The Court and the Charter: The impact of the entry into force of the Lisbon Treaty on the ECJs approach to fundamental rights
Authors: Sánchez Sara Iglesias
Published: March 2022

In the two and a half years since the Lisbon Treaty came into force, the Court of Justice has issued a considerable number of decisions applying and interpreting the Charter of Fundamental Rights of the European Union. This article analyses this first wave of case law with the aim of identifying the impact of the Charter in the fundamental rights jurisprudence of the Luxembourg Court. For this purpose, the examination of the cases is organized around three dichotomies: continuity/change, expansion/restraint, and heteronomy/autonomy. The issue of the temporal scope of the application of the Charter is analysed and the most visible innovations are addressed focusing on quantitative and qualitative changes. Second, the implications of Article 51 on the application of the Charter to the States are examined in light of the latest case law, taking into account the important developments of the status of the citizenship of the Union as an expansive device for the protection of individual rights. Finally, the interplay of the Charter with the European Convention of Fundamental Rights and with the constitutional traditions of the Member States is addressed. It is argued that even though there is a marked trend towards the continuity of the fundamental pillars that have so long been at the basis of the EU fundamental rights system, there are substantial innovations and significant developments that reinforce the role of fundamental rights in the legal order of the Union.
Is private enforcement of EU law through State liability a myth? An assessment 20 years after Francovich
Authors: Lock Tobias
Published: March 2022

This article assesses the success of Member State liability as a tool for the private enforcement of European Union law. The argument made is that Member State liability, first established 20 years ago in the Francovich case, is not a suitable and reliable mechanism to compensate for the weaknesses of public enforcement. The argument is based on statistical findings concerning the case law on Member State liability in two key Member State jurisdictions, England and Germany. The findings reveal that surprisingly little litigation has taken place so far and that only a handful of cases were litigated successfully. This leads the author to conclude that Member State liability has not been successful as a mechanism for the enforcement of EU law. The article continues by analysing why most of the proceedings initiated remain unsuccessful. It is shown that the criteria for the remedy are very difficult to satisfy and that there is reluctance on the part of national courts to award damages for the failure of Member States to comply with EU law. Against this background it is suggested that State liability under EU law should be chiefly regarded as a means of individual compensation rather than a tool for the private enforcement of EU law
Infringement proceedings and non-compliant national courts
Authors: Taborowski Maciej
Published: March 2022

The Article discusses the question of whether and under what conditions the infringement procedures regulated in Art. 258/260 TFEU may and should be initiated with regard to definitive decisions of national courts which are contrary to EU law. It tries to clarify to what extent definitive judicial decisions may become the subject of the procedure under Art. 258 TFEU, inter alia as a factor which determines a declaration of an infringement on the part of the legislating bodies of a Member State, leads to a declaration of an infringement consisting in an incorrect practice of applying law, or as an independent subject of proceedings. In each configuration the liability of the State is determined according to somewhat different criteria, which are subjected to a detailed analysis. The article shows also potential consequences and problems which may be caused by a judgment of the ECJ declaring an infringement in various possible configurations with the participation of national courts. Lastly, an evaluation is also made of the position of the Commission, which essentially considers that the infringement procedure is not suitable for counteracting infringements in the application of EU law by national courts.
Beyond the prima facie effectiveness of arbitration commitments in EU merger control
Authors: Fons Manuel Penadés
Published: March 2022

In the last decade, the use of arbitration in merger control has gained ample support from European institutions, scholars and practitioners, and there is consensus as to its benefits and efficiencies for the enforcement of behavioural remedies. However, in the vast majority of cases this position is based on vague allegations about the general advantages of arbitration, which lack substantive analysis of the operability of the mechanism when in comes to its implementation. This paper argues that when looking beyond that prima facie effectiveness, arbitration commitments - as currently drafted - are deficient and will result in pathological proceedings should they be triggered by third parties. The improvement of these weaknesses is necessary to guarantee the real enforceability of behavioural remedies and the effectiveness of EU merger control.
Party choice and the Common European Sales Law, or: How to prevent the CESL from becoming a lemon on the law market
Authors: Smits Jan
Published: March 2022

Optional legal regimes, such as the Proposal for a Regulation on a Common European Sales Law (CESL), derive their success from being chosen by parties. This contribution asks on what conditions it is dependent whether parties will choose for an optional regime such as the CESL. This requires a view of the added value of so-called vertical jurisdictional competition, of the preferences of business and consumers, and of the choices available to contracting parties when designing their contractual relationship. It is argued that in order to be an attractive competitor on the law market, the proposed CESL must meet three requirements. First, it must be significantly different from existing options by offering more innovative solutions, reflecting an alternative view of contractual justice or offering a wider scope of application. Secondly, parties should be able to easily recognise the benefits of a choice for the CESL,callingfor innovative ways of marketing such asuser-based rankings. Thirdly, the costs of making the CESL applicable must be low compared to other available options. Only if these requirements are met - which is not the case with the present Proposal - it is avoided that CESL turns into a lemon on the European law market.
The law and economics of mistake in European Sales Law
Authors: Porat Ariel
Published: March 2022

The Common European Sales Law (CESL) sets the conditions in which the mistaken party is prima  facie entitled to rescission and compensation from the other party. Some of the CESL's provisions, however, are inconsistent with efficiency.  First, under the CESL, as long as the mistake is fundamental, for the mistaken party to be allowed to rescind the contract, it is sufficient that the other party caused the mistake. From an efficiency perspective, however, causation is not enough to allow rescission. Second, the CESL permits rescission when one party failed to disclose information to the other party that would have revealed to the latter his fundamental mistake and the former party knew or could be expected to have known the mistake. In contrast, under efficiency, not all fundamental mistakes made by the one party that the other party knew or could have known about constitute grounds for rescission. Third, the CESL allows rescission for fraud, which includes non-disclosure of information. The CESL provides a list of considerations that should be taken into account in deciding whether a duty of disclosure arises. In contrast, under efficiency, there are far more concrete guidelines for determining whether a duty of disclosure arises, and in fact, under certain conditions, intentional ("fraudulent") misrepresentations are even permitted. Fourth, the CESL allows a contract to be rescinded when both parties made the same fundamental mistake. Yet efficiency considerations entail that this should not always be the case and that some mutual mistakes should not be grounds for rescission.
EU migration policy and its constitutional rationale: A cosmopolitan outlook
Authors: Thym Daniel
Published: March 2022

There is much confusion among EU experts about the legal status of third-country nationals. This is hardly surprising, since this uncertainty reflects conceptual tensions at the heart of the European project. Europe's mission of promoting transnational freedom for citizens of the Member States within the single market is not replicated for third-country nationals in the Area of Freedom, Security and Justice. Instead of dismantling borders, EU activities re-confirm the relevance of borders towards third States - both physically through external border controls and legally under the emerging EU immigration and asylum acquis. This article identifies underlying motives and resolves the puzzle by proposing a positive constitutional rationale for the substantive rules of European migration policy. It takes seriously two major reforms brought about by the Lisbon Treaty: the emancipation of migration within the area of freedom, security and justice; and the binding character of the Charter of Fundamental Rights. Both changes help us to understand that EU primary law represents a noteworthy accommodation of countervailing theoretical arguments about the normative foundations of international migration. EU migration law is committed to a "cosmopolitan outlook", which rejects the traditional notion of unfettered sovereign State control without mandating open borders.
The Court and Sleeping Beauty: The revival of the Unfair Contract Terms Directive (UCTD)
Authors: Reich Norbert , Micklitz Hans-W.
Published: March 2022

The paper gives an overview of the increased litigation leading to innovative case law of the ECJ concerning the scope and effects of the Unfair Contract Terms Directive (Directive 93/13/EEC) on consumer contracts, in particular financial services and services in the general economic interest. The originally limited impact of the Directive on Member State contract law and procedure has been substantially extended - as a metaphor, one may even say that a "Sleeping Beauty has been kissed awake" by the Court! The authors follow the recent case law both in its legal and economic consequences on consumer protection in the EU internal market. The paper ends with an outlook on the state of "Social Contract Law in the EU" - hoping to provoke a broader discussion on the concept and limits of a "Europeanization" of contract law already under way.
The involvement of the EU in investor-state dispute settlement: A question of responsibilities
Authors: Dimopoulos Angelos
Published: March 2022

This article discusses the legal framework for the involvement of the EU and its Member States in Investor-State Dispute Settlement (ISDS) under EU and Member State international investment agreements (IIAs). It assesses whether the Financial Responsibility Regulation is a sufficient and appropriate instrument to address the issue. It examines if and when EU involvement in ISDS under EU IIAs is compatible with international law and argues that EU IIAs and the Regulation should take into consideration that international responsibility rules pose constraints on the EU and Member State participation in ISDS, and that ICSID arbitration can be a truly available ISDS option only if Member States can act as respondents in all disputes concerning violations of EU IIAs. The article then assesses the EU law implications of EU involvement in ISDS. It explores the threats to the autonomy of the EU legal order; it examines whether the allocation of financial responsibility is compatible with EU rules on EU and Member State liability; it discusses how the application and interpretation of the Financial Responsibility Regulation by the ECJ may interfere with ISDS proceedings. Finally, it identifies the limited scope for EU involvement in ISDS under Member State BITs, arguing that the price that Member States have to pay for retaining their own investment treaties is to bear full responsibility for all violations of their BITs, even if they result from EU conduct.
The elusive limits of solidarity: Residence rights of and social benefits for economically inactive Union citizens
Authors: Thym Daniel
Published: March 2022

The free movement of persons is central to the legal and political identity  of the European project; it is the most important right attached to Union  citizenship and defines the self-perception of those holding the status.  Nevertheless, the precise legal standards for the delimitation of residence  and equal treatment rights often remained elusive, in particular with  regard to citizens with scarce resources. It will be demonstrated that  Union law and corresponding Court judgments (most recently Brey and  Dano) fluctuate between two visions of how to perceive EU citizenship  and the limits of transnational solidarity: one conception based on  territorial presence and another promoting social cohesion.
Preventing benefit tourism in the EU: A narrow or broad interpretation of the possibilities offered by the ECJ in Dano?
Authors: Verschueren Herwig
Published: March 2022

This article contributes to the debate on the boundaries of national solidarity systems in the context of the free movement of persons in the EU. It analyses the impact of the ECJ's judgment in Dano on the entitlement to social benefits of economically inactive Union citizens. First, it summarizes the legal discussion so far held on this issue and highlights the questions that remained open after earlier case law of the Court. Next, it explains why a narrow interpretation of the limitation of the principle of equal treatment allowed by the Court is the only acceptable one if legal coherence is to be preserved. It also analyses the consequences of a broad interpretation, arguing that this would undermine the very principle of free movement as a fundamental right, the principle of proportionality as well as the Union's policy objectives of combating poverty and social exclusion.
Judicial review of Member State action under the general principles and the Charter: Defining the scope of Union law
Authors: Dougan Michael
Published: March 2022

The article explores the concept of “scope of Union law” for the purposes of judicial review of national measures under the general principles of Union law and the Charter of Fundamental Rights. The Court’s classic case law assigned Member State acts to the categories of implementation or derogation, through a case-by-case analysis, though certain rulings never fitted neatly into that framework, prompting scholarly attempts to argue for an expanded definition of the scope of Union law: for example, by reference to a simple overlap in subject matter between Union and national legislation. The article considers recent cases which suggest the Court is willing to experiment with novel approaches to defining the scope of Union law – based on a more systematic and contextual approach to the relationship between disputed domestic acts and the Union legal order. The Court must articulate a convincing constitutional rationale for any new approach to defining the scope of Union law, consonant with the fundamental principle of conferred powers.
Whats in a name? The marginal standard of review of complex economic assessments in EU competition enforcement
Authors: Kalintiri Andriani
Published: March 2022

Judicial control of the Commission’s complex economic appraisals in EU competition enforcement has long troubled both academics and practitioners. Despite the commonly shared feeling that the marginal standard of review, as applied by EU Courts, is not as deferential as one might fear, its operation remains shrouded in vagueness, due to difficulties in defining the notion of “complex economic evaluations” as the trigger for a less strict standard of control and due to the lack of a clear understanding as to the errors that may invalidate the Commission’s analysis. This article sheds light on the judicial scrutiny of complex economic assessments, and demonstrates that (a) complex economic evaluations may come in different varieties and should not be seen as a uniform group, (b) the manifest error of assessment test is not an intangible formula of judicial scrutiny, contingent on one’s subjective perception of “manifestness”, but targets four specific defects in the Commission’s analysis: failure to correctly assess the material facts of the case, failure to take into account a relevant factor, taking into account an irrelevant factor that distorted the analysis, and failure to satisfy the standard of proof, and (c) EU Courts have three “aces” up their sleeve that may enable them to diminish the Commission’s margin of appreciation: economics, evidence review and Article 19(1) TEU.
The refugee crisis as a challenge of legal design and institutional legitimacy
Authors: Thym Daniel
Published: March 2022

Events during 2015 and early 2016 revealed structural deficiencies at the heart of the EU’s asylum policy, which allow us to reconstruct the “refugee crisis” as a problem of integration through law. The analysis of systemic shortcomings highlights regulatory and political pitfalls which any attempt to overcome the crisis will have to confront. It will be shown that the EU institutions have to reform both legal rules and governance structures – a challenge the recent Commission proposals have started addressing. Yet the “refugee crisis” is about more than legal design and compliance: asylum policy shows that the EU must be careful not to get trapped in a vicious circle of output deficits and political contestation, which complicates the resolution of existing governance deficits.
The crisis, national economic particularism and EU law: What can we learn from the Hungarian case?
Authors: Varju Marton , Papp Mónika
Published: March 2022

This article examines the ability of EU law to address radical and sudden changes introduced in the Member States pursuing particularistic economic policies in national markets in the wake of the global financial and economic crisis. It contends that national governments relying on the very real political and legal powers available to them in the domestic governance arena can interfere with market conditions and competitive positions without EU law being able to prevent potentially irreversible changes and restoring national markets. Even though the infringement of EU law will eventually be established in the direct and indirect avenues available, that may come too late for market participants and may not deal with the future operation of the affected markets. As the example of developments in Hungary shows, EU enforcement, especially when its national limb is weak, may be unable to satisfy expectations as to its effectiveness.
Sentient beings and tradable products: The curious constitutional status of animals under Union law
Authors: Sowery Katy
Published: March 2022

This article aims to make sense of the ways in which a paradox manifests itself in the Union’s constitutional architecture: the dual status attributed to animals as both “products” and “sentient beings”. The introduction of the notion “sentient beings” in Article 13 TFEU purports to reshape the existing understanding of animal welfare in EU law. But, in practice, this shift creates clear tensions with the previous status of, and protections for, animals as “products” under Union law. The article seeks to explore the reasons for this “duality” and its possible consequences. In particular, the discussion is framed by the constitutional limits as to what the EU can achieve in the context of animal welfare, and the social and political context within which animal welfare has to operate. This leads to the question of whether the formal tensions under Union primary law relating to the dual status of animals are perhaps inevitable in contemporary legal systems which employ an animal welfare paradigm.
No deal is better than a bad deal? The fallacy of the WTO fall-back option as a post-Brexit safety net
Authors: Baetens Freya
Published: March 2022

The terms and conditions of the WTO fall-back option and the extent to which the WTO could act as a safety net for the UK’s future economic relations depend, to a great extent, on successful negotiations with all other WTO Members. There are significant differences between EU and WTO membership, in terms of the applicable trade rules and their economic impact, as well as compliance and dispute settlement procedures. Imposing new regulations and processes will inevitably entail additional costs and delays, regardless of any mitigation agreements. Finally, the EU-UK relationship covers much more than trade so the WTO fall-back option will in any case leave major legal vacuums. Thus, the mantra “no deal is better than a bad deal” is misleading; the WTO fall-back option falls far short of providing an adequate safety net, even for trade matters.
EU liability for contributions to Member States breaches of EU law
Authors: Fink Melanie
Published: March 2022

This article analyses the circumstances under which the EU incurs liability for contributing to breaches of EU law committed by Member States. It proposes to distinguish between what will be called primary liability, i.e. the liability that directly arises from the violation committed by the Member State, and associated liability, i.e. the liability arising for having contributed to the Member State’s violation. Systematically analysing the ECJ’s case law on primary and associated EU liability for contributions to breaches of EU law, this article identifies patterns in the Court’s approach and ultimately provides a clearer picture of the conditions under which liability may arise.
Strict competition enforcement and welfare: A constitutional perspective based on Article 101 TFEU and sustainability
Authors: Loozen Edith
Published: March 2022

This article investigates the purpose and workings of EU competition law and policy: how does the protection of competition promote welfare? It scrutinizes the claim that sustainable consumption and production (SCP) requires flexible rather than strict enforcement of Article 101 TFEU. Flexible antitrust proponents argue that SCP requires sector-wide private coordination, as manufacturers of sustainable products suffer if consumers can opt for cheaper, less sustainable products. Four main arguments build on compliance with, respectively, the constitutional context of EU competition law, the more economic approach, the legitimate objective doctrine, and the useful effect doctrine. This article questions all four arguments. Integrating principle and practice, the article shows that strict competition enforcement is the way forward to promote welfare, in this case SCP. Problems of under-regulation should be addressed by the regulatory State.
Swimming in ECJ case law: The rocky journey to EU law applicability in the continental shelf and Exclusive Economic Zone
Authors: Nieuwenhout Ceciel , Waverijn Jaap
Published: March 2022

Regarding activities taking place at sea, the applicability of EU law depends on the nature and geographic location of the activity as well as on the formulation of the geographical scope of the legal instrument. With Member States’ ever-increasing activity at sea, the ECJ is confronted with various questions on the application of EU law at sea; its case law is analysed in this article. Firstly, the foundation of EU competence at sea in public international law and EU law is explored. Secondly, the line of ECJ case law is analysed. Thirdly, the interplay between the legislature’s formulations and the Court’s reasoning is addressed, as well as the validity of the latter in light of public international law. The article concludes by reflecting on the consequences of the Court’s reasoning, with recommendations regarding alternatives.
Balancing on a tightrope: Opinion 1/17 and the ECJ’s narrow and tortuous path for compatibility of the EU’s investment court system (ICS)
Authors: Rapoport Cécile
Published: March 2022

Like a tightrope walker, the Court is engaging in a delicate balancing act in its Opinion 1/17, seeking a path of compatibility of the ICS with the treaties that will allow it not to compromise its requirement of compliance with the Constitutional Charter of the European Union.With a benevolent interpretation of the provisions of the CETA and the acts accompanying its development, it stipulates the obligations that the EU institutions will have to fulfil to ensure the implementation of Chapter 8 Section F of the CETA, and its long-term compatibility with EU law. In doing so, it validates the European model of the investor-State dispute settlement mechanism, enabling it to be applied in other bilateral agreements and, eventually, on a multilateral basis.
The Age Of Maturity Of Infringement Proceedings
Authors: Smulders Ben , Prete Luca
Published: March 2022

The article gives an overview of the latest developments in the field of infringement proceedings. It deals first with substantive aspects, including the author of the infringement, the concept of “infringement” (including whether the Charter of Fundamental Rights can provide an independent basis for proceedings), and Member States’ defences. It then turns to procedural aspects. It describes Commission policy with regard to enforcement, and the Commission’s intention to concentrate its resources on certain cases. It explains some changes to jurisdiction. It analyses various developments, especially with regard to admissibility (in particular on “past infringements”) and recourse to interim relief. As to consequences of proceedings, it examines recent case law on liability against Member States and on financial penalties. It concludes that infringement proceedings have become a more mature instrument, which the Commission makes use of when it considers that they may be the most effective means of redress.
National res judicata in the European Union: Revisiting the tension between the temptation of effectiveness and the acknowledgement of domestic procedural law
Authors: Turmo Araceli
Published: March 2022

This paper presents an overview of recent ECJ case law concerning res judicata, with a focus on the way in which EU law affects national rules related to this principle. A series of recent judgments has confirmed the importance of the issue in the broader context of the impact of EU law on national judicial systems and the circulation of judgments. The ECJ mostly confirms trends visible in earlier case law, signalling an awareness of the importance of this rule for national judicial systems and restricting exceptions to what appears strictly necessary in order to ensure the effectiveness of EU law. However, the case law also presents interesting new developments, including a challenge of cross-jurisdictional national res judicata whose consequences are as yet unclear and a more in-depth engagement with national procedural systems on the basis of the principles of equivalence and effectiveness. The overall impression is one of maturation of the case law although some progress still needs to be made, in particular with regard to the clarity of the Court’s discourse on EU and national principles of res judicata.
You’ll never work alone: A systemic assessment of the European Arrest Warrant and judicial independence
Authors: Mancano Leandro
Published: March 2022

The adage is that the European Arrest Warrant (EAW) is built on the principle of mutual trust: the presumption that Member States comply with fundamental rights save in exceptional circumstances. However, the very existence of the EAW rests on the proper interpretation and application of fundamental rights standards, and on sincere cooperation between judicial authorities.With that in mind, the present article gives a systemic analysis of the EAW. After outlining the key features of its functioning, the paper discusses the system of exceptions to surrender: mandatory and optional grounds for refusal in the EAW Framework Decision (FD), the fundamental rights exception, and cases of invalidity. As the EAW is based on automaticity, the exceptions define the traits of its identity. The article’s conclusions reveal the importance of sincere cooperation to strengthen mutual trust, with judicial independence as an essential precondition. The article’s comprehensive assessment offers an original contribution to the debate about judicial independence in EU law, the operation of the EAW and its role in the wider context of the Union as a legal order.
Whistleblowing in the European Union
Authors: Abazi Vigjilenca
Published: March 2022

The EU Whistleblower Directive, adopted in 2019, shifts whistleblowing in the European Union from a marginal issue to a world leading example of empowering public voices. What explains this shift? The EU Whistleblower Directive cannot be understood without an inquiry into its legislative background. The latter also sheds new light on EU law-making practice, particularly how public participation can have a considerable influence and how the Commission steers legislation, to abide by principles of conferral and subsidiarity, when primary law is silent on its legislative powers. Central in this article is the legal assessment of the EU Whistleblower Directive. The article, however, seeks to go a step further. Drawing on a range of incremental legal developments in whistleblowing, it offers the first sustained account of what it argues has become a field of law of its own – EU whistleblower law.
Necessity and Strategy of Preventive Medicine Education in Higher Vocational Medical Specialty
Authors: Luo Dan
Published: March 2022

With the continuous development of modern preventive medicine, the proportion of preventive medicine professionals required by the society is also increasing. This is why higher vocational colleges need to strengthen preventive medicine education and train preventive medicine professionals, which has become a necessary task of higher vocational colleges. Under the new situation of higher education, the traditional preventive medicine curriculum cannot meet the actual needs and needs to be reformed. Therefore, teachers of preventive medicine course in higher vocational colleges should strengthen their understanding of the current situation of the course and reform it in effective ways and strategies to make the preventive medicine teaching meet the implementation requirements.
Interventional Research on Contradictory Attachment Children
Authors: Li Zhao
Published: March 2022

Since the birth of narcissistic attachment theory, children's unsafe attachment has been the focus of research. Interventional treatment for children with unsafe attachment is related to the healthy development of individuals, families and even society. This paper summarizes the characteristics, influence factors and intervention methods of unsafe dependent children, uses case studies to analyze and summarize the intervention process of two contradictory attachment children, and finally puts forward measures to intervene in unsafe dependent children, and provides suggestions for future research direction.
A Literature Review of Linguistic Research in Public Service Announcements
Authors: Deng Yiwei
Published: March 2022

Unlike commercial advertisements, public service announcements (PSAs) are non-profit in nature and take the important social responsibility of providing moral and ethical education through the different channels of media. In recent years, linguistic studies of PSAs have become popular among scholars. In order to explore the trend of linguistic research on PSAs, this paper searched 34 Chinese pieces of literature on China National Knowledge Internet (CNKI), using “PSAs” and “linguistics” as keywords, finding that most of these scholars have explored the language of PSAs from the perspective of pragmatics, either comprehensively or in-depth, and the related research directions are becoming more and more innovative, showing a new trend of integrating different disciplines.
Research on the Teaching Mechanism of Minority Literature
Authors: Zhang Zhongxu , Feng Ruiyuan
Published: March 2022

From the perspective of the "literacy" and "historical writing" movements, the establishment and teaching of Chinese minority literature disciplines, on the one hand, embodies the national policy of national equality in New China to achieve the vision of national unity; At the level of Chinese literature, we try to restore the value and status that national literature should have, and then realize the overall Chinese multi-ethnic literature teaching. However, the research on ethnic literature mostly focuses on the individual discussion of the value or form of some literary works. The overall lack of objective and comprehensive cognition and evaluation of ethnic literature affects the affirmation of the value of ethnic literature in the public domain. Literary education is the main way for the diffusion of literary effects. The goal of literary education is also the value of literary works. Literary education intends to spread culture, enrich emotional experience, and improve personality. Therefore, the recognition of ethnic minority literature in the context of literary education is from the non-informative aspects of culture, emotion, humanities, aesthetics, etc., to promote the promotion and value dissemination of national literature.
Study on the Impact of Special Physical Intensive Training on the Physical Health of College Students
Authors: Wen Jiawei
Published: March 2022

The physical health of college students has always been the focus of national concern, in order to improve the physical quality of college students. In this study, the physical quality of college students, and the China University of Mining and Technology (Beijing) 2020 physical test. excel2019 and spss26 data processing software were used to make mathematical statistics and analyze the measured data indicators to discuss the impact of physical fitness class on the physical health of college students, mainly including: 1. Comparing the physical fitness test results of the test subjects before and after the training.2. Through the difference of training methods, study the degree of experimental content to the degree of physical quality.3. Prostrate the real effect of the special physical fitness teaching.
Exploring Public Participation in Anti-corruption Reporting System
Authors: Shen Yuxiu
Published: March 2022

In China, the Party and the government have always regarded Anti-corruption work as the main content of Party building, but as corruption activities become more and more hidden and complicated, public participation has become an indispensable part of Anti-corruption work. In view of this, we analyze the current situation and problems of public participation in the Anti-corruption reporting system based on the theoretical analysis framework of "general will and particular wills" in political science, and propose countermeasures to improve the public participation in the Anti-corruption reporting system on this basis.
Study on Prevention and Control Measures of Adolescent Myopia based on Myopia Health Education
Authors: Gu Zhanhao , Shi Bowen
Published: March 2022

Juvenile myopia will not only have a serious impact on themselves, but also related to the future of the country and nation. Therefore, under the background of healthy China strategy, it is of great significance to prevent and control juvenile myopia and promote the healthy development of physique. The education department attaches great importance to the near prevention of children and adolescents, and earnestly implements the spirit of the important instructions of the CPC Central Committee and the State Council on Strengthening Students' physique and adolescents' visual health. Individual health belief and its influencing and restricting factors, promote teenagers to adopt healthy behaviors through health education, and promote participation in outdoor sports activities, thus opening up a new perspective for preventing and controlling myopia among teenagers. Through health education, it can effectively delay the development of juvenile myopia, reduce the occurrence of myopia and improve the level of juvenile physical fitness. This paper analyzes and summarizes the influencing factors of adolescent myopia in recent years, and analyzes, sums up and discusses the main points of the countermeasures.