Pub Date : 2023-06-06DOI: 10.1177/1023263x231180726
{"title":"Retraction notice","authors":"","doi":"10.1177/1023263x231180726","DOIUrl":"https://doi.org/10.1177/1023263x231180726","url":null,"abstract":"","PeriodicalId":39672,"journal":{"name":"Maastricht Journal of European and Comparative Law","volume":"7 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135493414","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-06-01DOI: 10.1177/1023263X231216860
M. van der Sluis
{"title":"The European Green Deal Paradox – remarkably successful, but falling short?","authors":"M. van der Sluis","doi":"10.1177/1023263X231216860","DOIUrl":"https://doi.org/10.1177/1023263X231216860","url":null,"abstract":"","PeriodicalId":39672,"journal":{"name":"Maastricht Journal of European and Comparative Law","volume":"62 1","pages":"231 - 235"},"PeriodicalIF":0.0,"publicationDate":"2023-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139371565","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-04-01DOI: 10.1177/1023263X231193214
Christina Peristeridou, D. D. de Vocht
{"title":"I’m not a cat! Remote criminal justice and a human-centred approach to the legitimacy of the trial","authors":"Christina Peristeridou, D. D. de Vocht","doi":"10.1177/1023263X231193214","DOIUrl":"https://doi.org/10.1177/1023263X231193214","url":null,"abstract":"<jats:p> </jats:p>","PeriodicalId":39672,"journal":{"name":"Maastricht Journal of European and Comparative Law","volume":"30 1","pages":"97 - 106"},"PeriodicalIF":0.0,"publicationDate":"2023-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45485507","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-04-01DOI: 10.1177/1023263X231191904
Joan Solanes Mullor
Puig Gordi and others, a consequence of the Europeanization of the Catalan secession crisis, is another case in the constant evolution of the Court of Justice of the European Union's (CJEU) case law on the European Arrest Warrant (EAW). To this judicial cooperation mechanism of an automatic nature, the CJEU has gradually incorporated the evaluation of fundamental rights as an integral part of its nature. This incorporation has been needed even more in the context of the rule of law crisis. In the particular case, the CJEU guides the application of the two-step test only on the possible violation of the fundamental right to a court established by law but does not express guidelines regarding other possible violations. Problems in the drawing of the preliminary reference explains the CJEU's lack of a complete answer, which may create uncertainty for the parties involved as to how the EAW should be executed in the particular case.
{"title":"Be careful what you ask for: The European Court of Justice's EAW jurisprudence meets the Catalan secession crisis and the European rule of law crisis in Puig Gordi and others, C-158/21, EU:C:2023:57","authors":"Joan Solanes Mullor","doi":"10.1177/1023263X231191904","DOIUrl":"https://doi.org/10.1177/1023263X231191904","url":null,"abstract":"Puig Gordi and others, a consequence of the Europeanization of the Catalan secession crisis, is another case in the constant evolution of the Court of Justice of the European Union's (CJEU) case law on the European Arrest Warrant (EAW). To this judicial cooperation mechanism of an automatic nature, the CJEU has gradually incorporated the evaluation of fundamental rights as an integral part of its nature. This incorporation has been needed even more in the context of the rule of law crisis. In the particular case, the CJEU guides the application of the two-step test only on the possible violation of the fundamental right to a court established by law but does not express guidelines regarding other possible violations. Problems in the drawing of the preliminary reference explains the CJEU's lack of a complete answer, which may create uncertainty for the parties involved as to how the EAW should be executed in the particular case.","PeriodicalId":39672,"journal":{"name":"Maastricht Journal of European and Comparative Law","volume":"30 1","pages":"201 - 215"},"PeriodicalIF":0.0,"publicationDate":"2023-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42730680","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-04-01DOI: 10.1177/1023263X231189684
Moritz Scherleitner
Recent ECJ case law regarding the taxation of investment funds seems to include elements of mutual recognition, which is a rare phenomenon in the Court's doctrine on direct taxation. Expanding on the rather clear positions of the Court in E, Veronsaajien oikeudenvalvontayksikkö (Case C-480/19) and A SCPI (Case C-342/20), this two-part article strives towards taking a comprehensive and more systematic examination of the issue. Embedded into a broader dogmatic analysis, it will, with certain qualifiers, conclude that mutual recognition elements can be of relevance to the Court when testing national fund taxation systems under the fundamental freedoms.
{"title":"Mutual recognition in investment fund taxation? A reflection based on recent ECJ case law","authors":"Moritz Scherleitner","doi":"10.1177/1023263X231189684","DOIUrl":"https://doi.org/10.1177/1023263X231189684","url":null,"abstract":"Recent ECJ case law regarding the taxation of investment funds seems to include elements of mutual recognition, which is a rare phenomenon in the Court's doctrine on direct taxation. Expanding on the rather clear positions of the Court in E, Veronsaajien oikeudenvalvontayksikkö (Case C-480/19) and A SCPI (Case C-342/20), this two-part article strives towards taking a comprehensive and more systematic examination of the issue. Embedded into a broader dogmatic analysis, it will, with certain qualifiers, conclude that mutual recognition elements can be of relevance to the Court when testing national fund taxation systems under the fundamental freedoms.","PeriodicalId":39672,"journal":{"name":"Maastricht Journal of European and Comparative Law","volume":"30 1","pages":"132 - 169"},"PeriodicalIF":0.0,"publicationDate":"2023-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42329147","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-04-01DOI: 10.1177/1023263x231200961
Antonio Di Marco
Water is generally indicated as a public good that is essential for life. Within the Union water law, this emphatic qualification appears as a generic political declaration linked to the uncertain recognition of the right to water. By analysing the common private and public interests, this study argues that the restricted territorial sovereignty's theory, widely accepted for transboundary water resources, should be applied to all water resources. Water would be a shared European public good, subject to a sui generis community of property regime limiting the sovereignty of Member States over their water resources. By investigating the coherence of this community of property regime with the principle of neutrality enshrined in Article 345 TFEU, the essay suggests that the regulation of the water services would be drawn into the scope of the Treaties because of their instrumental nature in guaranteeing the exercise of fundamental rights, the social cohesion of the Union and the protection of a common public good. The idea is put forward that water services would be an emblematic case of European public services, understood as a specific development of the concept of service of general economic interest, instrumental to the implementation of the European model of society.
{"title":"Water as a European shared public good: The legal status of a vital resource, and its <i>sui generis</i> community property regime","authors":"Antonio Di Marco","doi":"10.1177/1023263x231200961","DOIUrl":"https://doi.org/10.1177/1023263x231200961","url":null,"abstract":"Water is generally indicated as a public good that is essential for life. Within the Union water law, this emphatic qualification appears as a generic political declaration linked to the uncertain recognition of the right to water. By analysing the common private and public interests, this study argues that the restricted territorial sovereignty's theory, widely accepted for transboundary water resources, should be applied to all water resources. Water would be a shared European public good, subject to a sui generis community of property regime limiting the sovereignty of Member States over their water resources. By investigating the coherence of this community of property regime with the principle of neutrality enshrined in Article 345 TFEU, the essay suggests that the regulation of the water services would be drawn into the scope of the Treaties because of their instrumental nature in guaranteeing the exercise of fundamental rights, the social cohesion of the Union and the protection of a common public good. The idea is put forward that water services would be an emblematic case of European public services, understood as a specific development of the concept of service of general economic interest, instrumental to the implementation of the European model of society.","PeriodicalId":39672,"journal":{"name":"Maastricht Journal of European and Comparative Law","volume":"331 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135772466","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-04-01DOI: 10.1177/1023263X231189686
Tomáš Buchta
The purpose of this Case Note is to analyse the latest judgment of the Court of Justice related to Article 17(1) TFEU – the Freikirche case. After providing the key facts and the reasoning of the Court, the note outlines the common features and differences of the case with the previous case law related to this provision. The author claims that while the Court in the Freikirche case recognizes the protective effect of Article 17(1) TFEU, it implicitly creates potential to examine other national recognition systems of churches. In the author’s view, in cases of a more restrictive national systems than the Austrian one, this provision should be used as a part of the proportionality analysis to balance the restrictions against the potential impact on the status of churches under national law and their autonomy. In the author’s view, this would be the consequence of the protective effect of this provision, which may be perceived as the European Wall of Separation between the EU on one hand, and the status of churches under national law and the autonomy of churches on the other hand.
{"title":"The Freikirche case: Is the Court of Justice reinforcing or eroding the European Wall of Separation?","authors":"Tomáš Buchta","doi":"10.1177/1023263X231189686","DOIUrl":"https://doi.org/10.1177/1023263X231189686","url":null,"abstract":"The purpose of this Case Note is to analyse the latest judgment of the Court of Justice related to Article 17(1) TFEU – the Freikirche case. After providing the key facts and the reasoning of the Court, the note outlines the common features and differences of the case with the previous case law related to this provision. The author claims that while the Court in the Freikirche case recognizes the protective effect of Article 17(1) TFEU, it implicitly creates potential to examine other national recognition systems of churches. In the author’s view, in cases of a more restrictive national systems than the Austrian one, this provision should be used as a part of the proportionality analysis to balance the restrictions against the potential impact on the status of churches under national law and their autonomy. In the author’s view, this would be the consequence of the protective effect of this provision, which may be perceived as the European Wall of Separation between the EU on one hand, and the status of churches under national law and the autonomy of churches on the other hand.","PeriodicalId":39672,"journal":{"name":"Maastricht Journal of European and Comparative Law","volume":"30 1","pages":"191 - 200"},"PeriodicalIF":0.0,"publicationDate":"2023-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44748902","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-04-01DOI: 10.1177/1023263X231195455
Nausica Palazzo
The judgment of the Grand Chamber in the case of Fedotova and Others v. Russia has recognized the right to legalized same-sex unions under the Convention, thereby significantly impacting LGBTQ rights throughout Europe. However, this decision also presents intricate challenges concerning the Court's legitimacy, and resilience amidst the prevailing culture wars on LGBTQ rights. Following an introduction to the factual background of the case, the note proceeds to analyse the Court's judgment. Section 4 critically evaluates the judgment and examines its extensive implications on geopolitical affairs and the ongoing culture wars. Finally, section 5 provides a concluding statement.
{"title":"Fedotova and Others v. Russia: Dawn of a new era for European LGBTQ families?","authors":"Nausica Palazzo","doi":"10.1177/1023263X231195455","DOIUrl":"https://doi.org/10.1177/1023263X231195455","url":null,"abstract":"The judgment of the Grand Chamber in the case of Fedotova and Others v. Russia has recognized the right to legalized same-sex unions under the Convention, thereby significantly impacting LGBTQ rights throughout Europe. However, this decision also presents intricate challenges concerning the Court's legitimacy, and resilience amidst the prevailing culture wars on LGBTQ rights. Following an introduction to the factual background of the case, the note proceeds to analyse the Court's judgment. Section 4 critically evaluates the judgment and examines its extensive implications on geopolitical affairs and the ongoing culture wars. Finally, section 5 provides a concluding statement.","PeriodicalId":39672,"journal":{"name":"Maastricht Journal of European and Comparative Law","volume":"30 1","pages":"216 - 228"},"PeriodicalIF":0.0,"publicationDate":"2023-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46743371","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-04-01DOI: 10.1177/1023263X231183705
Ylenia M. Citino
The debate on the conventions of the constitution has led to a variety of tools for analysing institutional practices in national governments. Few attempts have been made to identify relevant political rules in the EU's ‘form of government’. This paper argues the applicability of the conventional theory in understanding the EU's most recent constitutional developments by comparing the common law and continental understandings of conventions. It highlights the different features attached to conventions in various national experiences and offers a fresh view of them to take the most out of this notion, long forlorn in EU studies. Using three practical experiences (trilogues, parliamentary hearings for Commissioners-designate and the Spitzenkandidaten practice), the paper shows how unwritten rules can shape the EU's political or material constitution up to the point of bringing concrete informal changes without any formal Treaty amendment.
{"title":"Unwritten rules shaping the EU's ‘form of government’: A study of conventions and their constitutional implications","authors":"Ylenia M. Citino","doi":"10.1177/1023263X231183705","DOIUrl":"https://doi.org/10.1177/1023263X231183705","url":null,"abstract":"The debate on the conventions of the constitution has led to a variety of tools for analysing institutional practices in national governments. Few attempts have been made to identify relevant political rules in the EU's ‘form of government’. This paper argues the applicability of the conventional theory in understanding the EU's most recent constitutional developments by comparing the common law and continental understandings of conventions. It highlights the different features attached to conventions in various national experiences and offers a fresh view of them to take the most out of this notion, long forlorn in EU studies. Using three practical experiences (trilogues, parliamentary hearings for Commissioners-designate and the Spitzenkandidaten practice), the paper shows how unwritten rules can shape the EU's political or material constitution up to the point of bringing concrete informal changes without any formal Treaty amendment.","PeriodicalId":39672,"journal":{"name":"Maastricht Journal of European and Comparative Law","volume":"30 1","pages":"107 - 131"},"PeriodicalIF":0.0,"publicationDate":"2023-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47662895","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-02-01DOI: 10.1177/1023263X231159976
Seita Romppanen, K. Huhta
This article critically discusses the interface between EU climate and energy law. It argues that legal scholarship should explore and expose the interrelationships between these legal disciplines through shared understanding and evaluation of both the disparities and synergies found. It maps the origins of EU climate and energy law to demonstrate how they have evolved side by side, guided by separate legal rationales and distinct legislative developments yet sharing partially overlapping objectives and instruments. By comparing EU climate and energy law as legal disciplines, the article identifies dynamic and static attributes that characterize the interface between EU climate and energy law. These attributes, combined with the evolution of EU climate and energy law, are key elements in facilitating disciplinary convergence. As an outcome of the analysis, the article calls for critical legal scholarship that acknowledges the climate and energy law interface, allowing disciplinary convergence to develop between them.
{"title":"The interface between EU climate and energy law","authors":"Seita Romppanen, K. Huhta","doi":"10.1177/1023263X231159976","DOIUrl":"https://doi.org/10.1177/1023263X231159976","url":null,"abstract":"This article critically discusses the interface between EU climate and energy law. It argues that legal scholarship should explore and expose the interrelationships between these legal disciplines through shared understanding and evaluation of both the disparities and synergies found. It maps the origins of EU climate and energy law to demonstrate how they have evolved side by side, guided by separate legal rationales and distinct legislative developments yet sharing partially overlapping objectives and instruments. By comparing EU climate and energy law as legal disciplines, the article identifies dynamic and static attributes that characterize the interface between EU climate and energy law. These attributes, combined with the evolution of EU climate and energy law, are key elements in facilitating disciplinary convergence. As an outcome of the analysis, the article calls for critical legal scholarship that acknowledges the climate and energy law interface, allowing disciplinary convergence to develop between them.","PeriodicalId":39672,"journal":{"name":"Maastricht Journal of European and Comparative Law","volume":"30 1","pages":"45 - 62"},"PeriodicalIF":0.0,"publicationDate":"2023-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41562379","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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