Cadmus

European University Institute Research Repository

Collecting, preserving, and providing access to the EUI research outputs according to the EUI Open Access policy

Cadmus is a service of the EUI Library

 

Explore by EUI Academic Units

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Department of Economics (ECO)

The EUI’s Department of Economics focuses on a wide range of topics in the fields of microeconomics, macroeconomics, and econometrics.

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Department of History and Civilisation (HEC)

The EUI’s Department of History and Civilisation focuses on global, comparative, and transnational approaches to the history of Europe in the world since 1400.

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Department of Law (LAW)

The EUI’s Department of Law is committed to the study of law in a comparative and contextual manner, with a special focus on European and international law.

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Department of Political and Social Sciences (SPS)

At the EUI’s Department of Political and Social Sciences, research spans the fields of comparative politics, international relations, sociology, and social and political theory in Europe and beyond.

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Max Weber Programme (MWP)

The largest international postdoctoral programme in Europe for the humanities and social sciences, the Max Weber Programme (MWP) is credited with creating the first taught postdoctoral programme in the social and historical sciences.

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Robert Schuman Centre for Advanced Studies (RSC)

The Robert Schuman Centre for Advanced Studies develops cutting-edge academic research and then makes it policy relevant.

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School of Transnational Governance (STG)

The Florence School of Transnational Governance trains current and future leaders in the methods, skills, and theory of governance beyond the state, supporting them in developing policymaking strategies that transcend national borders.

Recent Submissions

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Publication
Open Access
Paradoxes and dilemmas in compliance and enforcement
(2020Article
Verfassungsblog, 2020, OnlineOnly
Scholars have relentlessly argued for tougher EU action against illiberal governments whose actions erode constitutional checks and balances. The panoply of EU tools is large and it comprises mechanisms for compliance via dialogue and engagement (the Framework for the Rule of Law; the new Commission Rule of Law reporting cycle; the Council Dialogue on the Rule of Law), the several infringement procedures (e.g. here) and other ECJ cases with RoL implications, and procedures seeking enforcement, such as article 7 with its preventive and corrective stages (first stage has been activated against Hungary and Poland).
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Publication
Open Access
The Commission's AI Capone tricks
(2020Article
Verfassungsblog, 2020, OnlineOnly
In October, the Court of Justice of the European Union (CJEU) handed down a landmark judgment dealing with the Central European University (CEU). It found that Hungary had violated the General Agreement on Trade in Services (GATS) by failing to provide national treatment to the CEU. It was obvious that the case, although wrapped in trade law, had absolutely nothing to do with international trade: it was an EU rule of law dispute between the European Commission (Commission) and Hungary. The reason why it was not presented as such was that the EU reckoned that it had no power to address the rule of law issue directly and, hence, had resort to some “legal finesse”. The ruling fits in a relatively sizeable list of cases where the CJEU employed Al Capone tricks to foster rule of law. As is well-known, Al Capone was not convicted for what he should have been but for what he could be (tax fraud). In the same vein, at times, the Commission used the “supportive by-effects” of apparently unconnected EU norms.
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Publication
Open Access
So it goes : part IIVerfassungsblog, 2020, OnlineOnly
This week, the Hungarian and Polish governments vetoed the critical elements of the European Multi-Annual Financial Framework and Recovery Fund that required the unanimous consent of European Union Member States. Prime Minister Orbán had been threatening this veto ever since the European Commission proposed to link the distribution of these funds to comply with the rule of law. The Brussels veto this week coincided with a domestic legal blitz in Budapest as a major constitutional amendment, and a flurry of new laws and decrees appeared all at once. The two legal events are related.
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Publication
Open Access
The myth of a neoliberal European private law
(2020Article
Verfassungsdebate, 2020, What comes after neoliberalism, OnlineOnly
Most of the contributions to the excellent collection of essays central to this symposium, refer to neoliberalism, in some cases quite frequently. None of them defines the concept, nor does any of them defend neoliberalism. The term is used mostly in a (very) critical sense, sometimes even dismissively. This book is far from unique in this respect. Indeed, the term neoliberalism is almost never used by politicians or scholars in order to vindicate a political ideal. Instead, during the past decade it has become a standard feature of left-wing political discourse, not only in academia and political activism, but also in mainstream left-wing politics. It is a term used by us to refer to them and their abominable politics.
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Publication
Open Access
So it goes : part IVerfassungsblog, 2020, OnlineOnly
In his novel Slaughterhouse-Five, Kurt Vonnegut Jr. used the memorable phrase ‘so it goes’ every time someone died. According to Vonnegut, the ‘Trafalmadorians’ started the practice, because they experience past, present and future in random order and so, to them, death is just someone having a bad day. Defining the Hungarian constitutional regime turns legal analysts into Trafalmadorians. We find that Hungarian democracy dies over and over again while appearing alive in between deaths, sometimes achieving both states almost simultaneously. We say “so it goes” one day only to have to say “so it goes” again the next.