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Title:Karlsruhe and its discontents Author(s):BAQUERO CRUZ, JulioDate:2022Type:Working PaperSeries/Number:EUI LAW; 2022/10Abstract:This article presents a detailed analysis of the judgment of the German Constitutional Court’s judgment in Weiss, and of its aftermath, put in their wider context. The article deals with the position of the judgment in the ...
Title:Differentiated integration and flexible implementation Author(s):PRINCEN, Sebastiaan; SCHIMMELFENNIG, Frank
; SCZEPANSKI, Ronja; SMEKAL, Hubert; ZBIRAL, RobertDate:2022Type:Working PaperSeries/Number:EUI RSC; 2022/17; Integrating Diversity in the European Union (InDivEU) Abstract:This paper reports the findings of a comparative analysis of differentiated integration (DI) versus flexible implementation (FI). It finds overall support for our expectation that both DI and FI address international ...

Title:The abuse of constitutional identity : Illiberal constitutional discourse and European constitutional pluralism Author(s):SCHOLTES, Julian
Date:2022Citation:
- Florence : European University Institute, 2022
Type:ThesisSeries/Number:EUI PhD theses; Department of LawAbstract:‘Constitutional identity’ has become a key argument in the negotiation of authority between national legal orders and the legal order of the European Union. Many national constitutional courts have declared that the reach ...


Title:Is the EU toothless? : an assessment of the EU rule of law enforcement toolkit Author(s):BÁRD, Petra Dóra
; CHRONOWSKI, Nóra; FLECK, Zoltán; KOVÁCS, Ágnes; KÖRTVÉLYESI, Zsolt; MÉSZÁROS, Gábor
Date:2022Type:Working PaperSeries/Number:MTA Law Working Papers; 2022/08Abstract:This paper lists and critically assesses European Rule of Law enforcement instruments. It argues that these could have provided dissuasive responses to severe and systemic Rule of Law violations in Hungary, had they been ...




Title:Mutual trust in EU law : trust ‘in what’ and ‘between whom’? Author(s):BOHAČEK, LukášDate:2022Citation:
- European journal of legal studies, 2022, Vol. 14, No. 1, Online First
Type:ArticleAbstract:Mutual trust is a fundamental principle of European Union (EU) law. It co-creates and justifies the autonomous nature of the EU legal order and operates as a vital component of its proper functioning. With reference to the ...
Title:Fundamental rights as constraints to and triggers for differentiated integration Author(s):BOIS, Julien; DAWSON, Mark
Date:2022Type:OtherSeries/Number:Policy Briefs; 2022/25; Integrating Diversity in the European Union (InDivEU)Abstract:This set of five policy briefs draws the conclusions of five larger studies dealing with the legal feasibility and constitutional acceptability of the various mechanisms of differentiated integration (DI). Those conclusions ...

Title:Report on the expansion of the EUDIFF 1 dataset Author(s):JACHTENFUCHS, Markus; GENSCHEL, Philipp
; MIGLIORATI, Marta
Date:2022Type:Working PaperSeries/Number:EUI RSC; 2022/38; Integrating Diversity in the European Union (InDivEU) Abstract:The present report makes an overview of the progresses made so far in Work Package 5. At this initial stage, the main aim was to develop a new coding for core state powers in EU legislation. Such coding serves the purpose ...



Title:The application of the rights and principles of the Charter of Fundamental Rights Author(s):PÓŁTORAK, NinaDate:2021Type:Working PaperSeries/Number:EUI RSC; 2021/34; Centre for Judicial CooperationAbstract:The Charter of Fundamental Rights codifies and reaffirms the rights and principles recognised in European Union law. These rights and principles result from the constitutional traditions common to the Member States, the ...
Title:National constitutional obstacles to differentiated integration Author(s):REESTMAN, Jan-HermanDate:2021Type:Working PaperSeries/Number:EUI RSC; 2021/06; Integrating Diversity in the European Union (InDivEU)Abstract:It has become increasingly difficult to unite all member states behind policies that some of them consider desirable or necessary to further EU integration. Differentiated integration may be a solution for this, but also ...
Title:The principle of mutual trust in EU law : what is in a name? Author(s):AASA, Birgit
Date:2021Citation:
- Florence : European University Institute, 2021
Type:ThesisSeries/Number:EUI PhD theses; Department of LawAbstract:This thesis examines the principle of mutual trust in European Union (EU) law – a nascent legal principle gradually trying to find its place in the EU legal and structural architecture and perhaps even in its constitutional ...

