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Publications (30)
Full-text available here: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=4889433
This article explains how, from 2012 to 2015, the authors conceived, shot and edited the film »Un Tribunal para la Constitución«, a documentary about the first years of the Constitutional Court of Spain. It also tries to show the film’s impact among Spanish scholars, journalists and politicians, first as an audiovisual product and later also as a b...
Jean-Claude Juncker was President of the first ‘political Commission’, being the first (and so far the only) President to be elected through the Spitzenkandidat system following the entry into force of the Lisbon Treaty. Juncker was appointed as head of a college of commissioners with high profiles and extensive experience in national politics. Dur...
The German legal discourse on Europe solemnly professes the idea of a Europeanized Germany: Kooperation, Verfassungsgerichtsverbund, Europafreundlichkeit, Integrationsverantwortung. However, some cast doubt on these assertions.
In this article, I scrutinise the impact of the reform that will double the number of judges at the General Court. I examine the consequences of a wider use of a five-judge chamber, the continuation of generalist chambers, and the possible departure from the General Court’s minimal standard of review of legality. But greater efficiency at the Gener...
Kochenov's definitive collection examines the under-utilised potential of EU citizenship, proposing and defending its position as a systemic element of EU law endowed with foundational importance. Leading experts in EU constitutional law scrutinise the internal dynamics in the triad of EU citizenship, citizenship rights and the resulting vertical d...
The interpretation given by the Court of Justice of the European Union (Court of Justice) in the Gauweiler case is mostly in line with the proposal submitted by Advocate General Cruz Villalón in his Opinion. However, the difference in the Court and the Advocate General's perspectives, and the silence of the Court on some matters in contrast with th...
Klemen Jaklic's book on constitutional pluralism is a comprehensive inquiry into an intellectual movement whose supporters have much less in common than could be expected. In his book, Jaklic makes an effort to systematise the movement and provide a normative dimension to it, something that leads him to defend a utopian model of democracy for the E...
The Charter of Fundamental Rights of the European Union has forced the European Court of Justice and its national counterparts to face a series of difficult and principled questions: Who is the ultimate interpreter of fundamental rights in Europe? Which standard of protection is to be given priority? How does the Charter bind Member States when app...
This article analyzes the Report on the Preliminary Reference Procedure prepared by the Association of the Councils of State and Supreme Administrative Jurisdictions of the EU on 2008. It explores the proposals submitted by the higher national administrative courts, and develops in a critical light the main points of the Report. The article also de...
En los últimos años, ha sido relativamente frecuente encontrar pronunciamientos de la Sala Tercera del Tribunal Supremo español en los que el principio de proporcionalidad ha adquirido un papel destacado. Sin embargo, el contenido estricto del control ofrecido por este principio ha quedado algo desvirtuado a causa de la confusión que el Tribunal Su...