Books by Dimitry Kochenov
Columbia Journal of European Law, 2025
The European Union (EU) deploys a number of legal techniques in an effort to make sure that virtu... more The European Union (EU) deploys a number of legal techniques in an effort to make sure that virtually no denial of racialized non-citizens rights – across the spectrum from equality and dignity to the right to life – is ever presented as a violation of EU law, even as the death-toll climbs to the dozens of thousands, turning the Mediterranean Sea into a mass grave through the EU’s and Member States’ incessant efforts. Making this possible is the work of what we would term “EU lawlessness law”: a careful summoning of diverse legal techniques to make basic accountability and the protection of the rights of the racialized passport poor impossible by creating a shield of impunity against the application of international, national, EU and ECHR rights, values, and principles in a principled breach of the spirit – but not the letter – of EU law. We explain how EU lawlessness law operates, how the EU pays for it, how it passes legal scrutiny, and what its objectives are. We outline why it is a grave violation of EU values and why deploying legality to ensure that the most significant rights are turned into fiction is an affront to the Rule of Law. In the EU, there is usually no need to break the law to deny a foreigner her crucial rights: apartheid européen is an essential feature of EU law, from the internal market to the Belarusian forest and the Mediterranean, where the EU’s proxies – such as the so-called Libyan Coast Guard – are hunting, torturing and imprisoning by now more than 120,000 racialized innocents. This contribution elaborates on this starting point showing the evolution over the last decades from passive rightlessness to active criminality, committed with full impunity under the aegis of EU law. The rightlessness of the “other” is achieved through the near complete exclusion of non-EU citizens from the fundamental freedoms in the EU dating back to the colonial inception of the Union. Lawlessness sensu stricto is the next step. It stems from the pro-active stance of the Union and its Member States towards ensuring that the right to seek protection in the EU is turned into an unworkable proclamation where any means are acceptable to guarantee that the law on the books does not apply to the racialized passport poor at the EU’s borders, resulting in unspeakable suffering and a huge death toll. Systemic lack of accountability – legal, as well as democratic – ensures that the EU lawlessness law always favors the Union, never the victims. This paper aims to start bridging the gap between two extremes. On the one hand, there is the day-to-day reality of the outright exclusion of non-citizens from dignity and the protection of the law, backed by the billions the EU has invested alongside countless other incessant efforts to promote lawlessness and a lack of any accountability in targeting the racialized passport poor at EU’s borders and further afield. On the other hand, there are the numerous proclamations about the Union’s equitable value-laden nature.
Good Neighbourliness in the European Legal Context provides the first detailed assessment of the... more Good Neighbourliness in the European Legal Context provides the first detailed assessment of the essence and application of the principle of good neighbourly relations in the European legal context, illustrating its findings by a multi-faceted array of studies dedicated to the functioning of good neighbourly relations in a number of key fields of EU law. The main claim put forward in this book is that the principle of good neighbourly relations came to occupy a vital place in the Europan legal context, underpinning the very essence of the integration exercise.
It is clear that the current crisis of the EU is not confined to the Eurozone and the EMU, eviden... more It is clear that the current crisis of the EU is not confined to the Eurozone and the EMU, evidenced in its inability to ensure the compliance of Member States to follow the principles and values underlying the integration project in Europe (including the protection of democracy, the Rule of Law, and human rights). This defiance has affected the Union profoundly, and in a multi-faceted assessment of this phenomenon, The Enforcement of EU Law and Values: Ensuring Member States' Compliance, dissects the essence of this crisis, examining its history and offering coping methods for the years to come. Defiance is not a new concept and this volume explores the richness of EU-level and national-level examples of historical defiance - the French empty chair policy, the Luxembourg compromise, and the FPO crisis in Austria - and draws on the experience of the US legal system and that of the integration projects on other continents. Building on this legal-political context, the book focuses on the assessment of the adequacy of the enforcement mechanisms whilst learning from EU integration history. Structured in four parts, the volume studies (1) theoretical issues on defiance in the context of multi-layered legal orders, (2) EU mechanisms of acquis and values' enforcement, (3) comparative perspective on law-enforcement in multi-layered legal systems, and (4) case-studies of defiance in the EU.
Kochenov's definitive collection examines the under-utilised potential of EU citizenship, proposi... more 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 delimitation of powers in Europe, analysing the far-reaching constitutional implications. Linking the constitutional question of federalism and citizenship, the volume establishes an innovative new framework where these rights become agents and rationales of European integration and legal change, located beyond the context of the internal market and free movement. It maps the role of citizenship in this shifting landscape, outlining key options for a Europe of the future. Firmly rooted in the case law of the European Court of Justice as well as legal-theoretical approaches to the issues discussed, and boasts both theoretical and practical significance, thus appealing to the theorists of integration as well as practising lawyers and students Provides a pioneering presentation of EU citizenship as the key building block of EU constitutionalism, adding to the understanding of the EU's constitutional structure by providing an innovative forward-looking assessment and building on important interconnections The diverse mix of authors, including researchers, professors, practitioners from EU institutions and Judges and Advocates General of the Court of Justice of the EU, ensures a balanced and clear presentation of the material.
Table of Content:
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The Henley & Partners – Kochenov Quality of Nationality Index (QNI) is the first to ever objectiv... more The Henley & Partners – Kochenov Quality of Nationality Index (QNI) is the first to ever objectively rank the quality of nationalities worldwide. It explores both internal factors (such as the scale of the economy, human development, and peace and stability) and external factors (including visa-free travel and the ability to settle and work abroad without cumbersome formalities) that make one nationality better than another in terms of legal status in which to develop your talents and business. The QNI is the result of a successful cooperation between Henley & Partners and Professor Dr Dimitry Kochenov, a leading constitutional law professor with a long-standing interest in European and comparative citizenship law. The QNI will be of interest to anyone who would like to know how their nationality performs in comparison to others, and is interested in the local, regional and global opportunities, mobility, life chances and limitations of their nationality. It is of further interest to financially independent individuals who wish to acquire the benefits of dual citizenship; the QNI provides assistance in selecting the most valuable second nationality for themselves and their families.
EUI Working Papers RSCAS 2014/25, 2014, 43pp.
Ensuring that the EU can efficiently address the problems caused by its own Member States' failur... more Ensuring that the EU can efficiently address the problems caused by its own Member States' failure to comply with the foundational values of the Union and, in particular, the Rule of Law, requires establishing, first of all, the normative foundation for enhanced EU monitoring and enforcement of the foundational values of Article 2 TEU – with a particular emphasis on the Rule of Law – in the Member States (I.). Then, secondly, the legal basis making the growing EU’s role possible must be identified and scrutinised (II.). Once this is done, thirdly, the procedural issues of the day-to-day operation of EU’s involvement with the values are to be addressed (III.). In this context, a clearly-designed procedure should identify the actors involved, their functions and roles, as well as the different stages in the process. This chapter outlines concrete options available to the EU with regard to each of the three issues we are concerned with, also explaining what the pros and the cons of each of the choices are.
The gradual legal and political evolution of the European Union has not, thus far, been accompani... more The gradual legal and political evolution of the European Union has not, thus far, been accompanied by the articulation or embrace of any substantive ideal of justice going beyond the founders' intent or the economic objectives of the market integration project. This absence arguably compromises the foundations of the EU legal and political system since the relationship between law and justice - a crucial question within any constitutional system - remains largely unaddressed. This edited volume brings together a number of concise contributions by leading academics and young scholars whose work addresses both legal and philosophical aspects of justice in the European context. The aim of the volume is to appraise the existence and nature of this deficit, its implications for Europe's future, and to begin a critical discussion about how it might be addressed. There have been many accounts of the EU as a story of constitutional evolution and a system of transnational governance, but few which pay sustained attention to the implications for justice.
The EU today has moved beyond its initial and primary emphasis on the establishment of an internal market, as the growing importance of EU citizenship and social rights suggests. Yet, most legal analyses of the EU Treaties and of EU case law remain premised broadly on the assumption that EU law still largely serves the purpose of perfecting what is fundamentally a system of economic integration. The place to be occupied by the underlying substantive ideal of justice remains significantly underspecified or even vacant, creating a tension between the market-oriented foundation of the Union and the contemporary essence of its constitutional system. The relationship of law to justice is a core dimension of constitutional systems around the world, and the EU is arguably no different in this respect.
The critical assessment of justice in the EU provided by the contributions to this book will help to create a fuller picture of the justice deficit in the EU, and at the same time open up an important new avenue of legal research of immediate importance.
The European Union undoubtedly plays an important role in the formation of international law. Thi... more The European Union undoubtedly plays an important role in the formation of international law. This takes place through a number of avenues ranging from the simple existence of this supranational legal order within the sphere of international law to the actual influencing of international legal order. With contributions by leading scholars, this collection of essays constructs and analyses a new and stimulating approach in which the European Union is perceived as an active co-creator of the international legal order on a variety of planes. Providing concrete examples of the European Union's approach to the international legal order in different policy fields, this book will be a key reference point for a new active paradigm of EU external relations law.
Millions of British, Dutch, French, Danish, Spanish, and Portuguese nationals permanently reside ... more Millions of British, Dutch, French, Danish, Spanish, and Portuguese nationals permanently reside in the overseas parts of their Member States. These people, like the companies registered in such territories, often find it virtually impossible to determine what law applies when legal decisions are required. Although Article 52(1) of the EU Treaty clearly states that EU law applies in the territory of all the Member States, most Member State territories lying outside of Europe provide examples of legal rrangements deviating from this rule.
This book, for the first time in English, gathers these deviations into a complex system of rules that the editor calls the "EU law of the Overseas". Member States' territories lying far away from the European continent either do not fall within the scope of EU law entirely, or are subject to EU law with serious derogations. A huge gap thus exists between the application of EU law in Europe and in the overseas parts of the Member States, which has not been explored in the English language literature until now. This collection of essays sets out to correct this by examining the principles of Union law applicable to such territories, placing them in the general context of the development of European integration. Among the key legal issues discussed are the following:
internal market outside of Europe;
the protection of minority cultures;
EU citizenship in the overseas countries and territories of the EU;
Article 349 TFEU as a source of derogations;
The implications of Part IV TFEU for the overseas acquis;
participatory methods of reappraisal of the relationship between the EU and the overseas;
implications for the formation of strategic alliances;
voting in European elections;
what matters may be referred by courts and tribunals in overseas countries and territories;
application of the acquis to the parts of the Member States not controlled by the government or excluded from ratione loci of EU law;
interplay of the Treaty provisions and secondary legislation in the overseas;
customs union;
wholly internal situations;
free movement of capital and direct investments in companies;
the euro area outside of Europe;
duty of loyal cooperation in the domain of EU external action;
territorial application of EU criminal law; and
territorial application of human rights treaties.
Twenty-two leading experts bring their well-informed perspectives to this under-researched but important subject in which, although rules abound and every opportunity to introduce clarity into the picture seems to be present, the situation is far from clear. The book will be welcomed by serious scholars of European Union law and by public international lawyers, as well as by policy-makers and legal practitioners.
Among the criteria for accession to the European Union are democracy and the Rule of Law. In the ... more Among the criteria for accession to the European Union are democracy and the Rule of Law. In the insightful analysis offered by the author of this book, these concepts, while admirable and even necessary criteria in principle, are almost impossible to measure, and any judgement grounded in them will always be difficult to justify. In his words, 'by including analysis of democracy and the Rule of Law within the field of the EU enlargement law, the Union entered an unstable terrain of vague causal connections and blurred definitions.' Prof. Kochenov addresses this problem by proceeding as follows:
1. Outlining EU enlargement law in general, including the principle of conditionality and the role played by the analysis of democracy and the Rule of Law in enlargement preparation;
2. Focusing on the role actually played by the monitoring of democracy and the Rule of Law in ten candidate countries, scrutinizing the way the EU used the legal tools and competences outlined in its enlargement law.
The book adopts the EU s own understanding of democracy and the Rule of Law, as derived directly from the substance of the numerous legal and political instruments issued by the Community Institutions and especially the Commission in the course of the pre-accession process. In this way it demonstrates the actual, as opposed to the officially announced, role played by the assessment of democracy and the Rule of Law in the candidate countries in the regulation of enlargement. Many formidable inconsistencies in the application of the conditionality principle are thus laid bare. This leads the author to a series of recommendations on policy and procedure that he demonstrates could be profitably applied to the regulation of current and future accessions, using the Commission s own structure of monitoring pre-accession reforms in the three areas of the legislature, executive, and judiciary in candidate countries. The probity and soundness of these recommendations, firmly grounded as they are in the actual pre-accession monitoring and its consequences for the pre-accession progress of ten Eastern European countries admitted to the EU in 2004 and 2007, will greatly interest policymakers and scholars concerned with the future of European integration.
Het Koninkrijk der Nederlanden omvat straks vier landen: de huidige landen Nederland en Aruba en ... more Het Koninkrijk der Nederlanden omvat straks vier landen: de huidige landen Nederland en Aruba en de nieuwe landen Curaçao en St. Maarten. Bonaire, St. Eustatius en Saba worden onderdeel (openbaar lichaam) van het land Nederland. Aan het land Nederlandse Antillen komt een einde. Door de staatkundige verandering van het Koninkrijk is de vraag naar de wenselijke relatie tussen de Caribische eilandgebieden en de Europese Unie op de voorgrond getreden. In geding is de keuze tussen de LGO-status (landen en gebieden overzee), waarbij het Europees recht maar in beperkte mate geldt, en de UPG-status (ultraperifeer gebied), waarbij het Europees recht in beginsel volledig van toepassing is. Wat zijn de territoriale en de personele werkingssfeer van de Europese verdragen? Hoe kan voor de Caribische eilandgebieden van het Koninkrijk welke status – LGO of UPG? – worden verkregen? Wat zijn de gevolgen van toepasselijkheid van Europees recht op deze eilandgebieden? In hoeverre zijn in geval van de UPG-status uitzonderingen op dit recht mogelijk? Welke risico’s zijn er waar het gaat om de naleving van dit recht en voor wie? Is het rechtens aanvaardbaar dat het Europees recht wel volledig geldt in het Europese deel van het land Nederland, maar niet op de Caribische eilanden van dit land? Dit boek geeft antwoord op deze en aanverwante vragen. Het geeft een beeld van verschillende rechtsordes – de Europese Unie, het Koninkrijk, de landen van het Koninkrijk, maar ook Nederland inclusief zijn Caribische openbare lichamen – en hun onderlinge verhouding; rechtsordes die vaak goed bij elkaar aansluiten, maar soms ook stevig langs elkaar schuren of zelfs met elkaar botsen. Het boek is de neerslag van onderzoek in opdracht van het ministerie van Binnenlandse Zaken en Koninkrijksrelaties, verricht door een uitgebreid onderzoeksteam van de Rijksuniversiteit Groningen. Naast het Europees en staatsrecht zijn er bijdragen op het terrein van het bestuurs-, straf-, belasting-, migratie-, privaat-, vennootschaps- en internationaal privaatrecht.
Papers by Dimitry Kochenov
Fondation Robert Schuman, May 11, 2015
The rule of law is one of the fundamental values on which the EU is based according to Article 2 ... more The rule of law is one of the fundamental values on which the EU is based according to Article 2 of the Treaty on European Union. [1] Faced with what has been described as an increasing number of ‘rule of law crises’, [2] a new EU framework to strengthen the rule of law was put forward by the Commission last March. [3] In doing so, the Commission aimed to more effectively address any situation where ‘there is a systemic threat to the rule of law’ [4] within any Member State
Anti-Constitutional Populism, 2022
SSRN Electronic Journal, 2021
This brief paper introduces the key idea and the structure of the edited volume ‘Reinforcing Rule... more This brief paper introduces the key idea and the structure of the edited volume ‘Reinforcing Rule of Law Oversight in the European Union’, which is due to be published by Cambridge University Press in 2016. This book aims to discuss the normative issues related to the role of the EU in the Rule of Law enforcement field and to list and to scrutinize innovative tools, of potential use for the Union in asserting its own values. The key scholars behind virtually all the most important proposals have participated in this volume to outline their position first-hand. In addition, the book also considers and discusses the complexity of the broader landscape of European constitutionalism to warn against any course of action which would not be extremely carefully thought over, considering the key strengths and, crucially, also notable weaknesses of the EU’s legal-political edifice. This collection of essays aims at a broad, positive outline: there are tools to solve the outstanding problems, ...
SSRN Electronic Journal, 2020
In this paper we analyze the state of the debate on the Rule of Law challenges and developments i... more In this paper we analyze the state of the debate on the Rule of Law challenges and developments in the European Union leading to the release of the 2019 Commission Communication ‘Strengthening the Rule of Law: A Blueprint for Action’ and provide a detailed assessment of the Communication itself. We explain why the shortsighted approach of the Commission gives rise to worry. All the boxes seem to be ticked during this discussion and reflection exercise, many a conclusion are drawn; yet, the outcome has seemingly brought the Commission nowhere.
Columbia Journal of Eropean Law, 2024
The European Union (EU) deploys a number of legal techniques in an effort to make sure that virtu... more The European Union (EU) deploys a number of legal techniques in an effort to make sure that virtually no denial of racialized non-citizens rights – across the spectrum from equality and dignity to the right to life – is ever presented as a violation of EU law, even as the death-toll climbs to the dozens of thousands, turning the Mediterranean Sea into a mass grave through the EU’s and Member States’ incessant efforts. Making this possible is the work of what we would term “EU lawlessness law”: a careful summoning of diverse legal techniques to make basic accountability and the protection of the rights of the racialized passport poor impossible by creating a shield of impunity against the application of international, national, EU and ECHR rights, values, and principles in a principled breach of the spirit – but not the letter – of EU law. We explain how EU lawlessness law operates, how the EU pays for it, how it passes legal scrutiny, and what its objectives are. We outline why it is a grave violation of EU values and why deploying legality to ensure that the most significant rights are turned into fiction is an affront to the Rule of Law. In the EU, there is usually no need to break the law to deny a foreigner her crucial rights: apartheid européen is an essential feature of EU law, from the internal market to the Belarusian forest and the Mediterranean, where the EU’s proxies – such as the so-called Libyan Coast Guard – are hunting, torturing and imprisoning by now more than 120,000 racialized innocents. This contribution elaborates on this starting point showing the evolution over the last decades from passive rightlessness to active criminality, committed with full impunity under the aegis of EU law. The rightlessness of the “other” is achieved through the near complete exclusion of non-EU citizens from the fundamental freedoms in the EU dating back to the colonial inception of the Union. Lawlessness sensu stricto is the next step. It stems from the pro-active stance of the Union and its Member States towards ensuring that the right to seek protection in the EU is turned into an unworkable proclamation where any means are acceptable to guarantee that the law on the books does not apply to the racialized passport poor at the EU’s borders, resulting in unspeakable suffering and a huge death toll. Systemic lack of accountability – legal, as well as democratic – ensures that the EU lawlessness law always favors the Union, never the victims. This paper aims to start bridging the gap between two extremes. On the one hand, there is the day-to-day reality of the outright exclusion of non-citizens from dignity and the protection of the law, backed by the billions the EU has invested alongside countless other incessant efforts to promote lawlessness and a lack of any accountability in targeting the racialized passport poor at EU’s borders and further afield. On the other hand, there are the numerous proclamations about the Union’s equitable value-laden nature.
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Books by Dimitry Kochenov
Table of Content:
http://admin.cambridge.org/sb/academic/subjects/law/european-law/eu-citizenship-and-federalism-role-rights?format=HB&isbn=9781107072701
The EU today has moved beyond its initial and primary emphasis on the establishment of an internal market, as the growing importance of EU citizenship and social rights suggests. Yet, most legal analyses of the EU Treaties and of EU case law remain premised broadly on the assumption that EU law still largely serves the purpose of perfecting what is fundamentally a system of economic integration. The place to be occupied by the underlying substantive ideal of justice remains significantly underspecified or even vacant, creating a tension between the market-oriented foundation of the Union and the contemporary essence of its constitutional system. The relationship of law to justice is a core dimension of constitutional systems around the world, and the EU is arguably no different in this respect.
The critical assessment of justice in the EU provided by the contributions to this book will help to create a fuller picture of the justice deficit in the EU, and at the same time open up an important new avenue of legal research of immediate importance.
This book, for the first time in English, gathers these deviations into a complex system of rules that the editor calls the "EU law of the Overseas". Member States' territories lying far away from the European continent either do not fall within the scope of EU law entirely, or are subject to EU law with serious derogations. A huge gap thus exists between the application of EU law in Europe and in the overseas parts of the Member States, which has not been explored in the English language literature until now. This collection of essays sets out to correct this by examining the principles of Union law applicable to such territories, placing them in the general context of the development of European integration. Among the key legal issues discussed are the following:
internal market outside of Europe;
the protection of minority cultures;
EU citizenship in the overseas countries and territories of the EU;
Article 349 TFEU as a source of derogations;
The implications of Part IV TFEU for the overseas acquis;
participatory methods of reappraisal of the relationship between the EU and the overseas;
implications for the formation of strategic alliances;
voting in European elections;
what matters may be referred by courts and tribunals in overseas countries and territories;
application of the acquis to the parts of the Member States not controlled by the government or excluded from ratione loci of EU law;
interplay of the Treaty provisions and secondary legislation in the overseas;
customs union;
wholly internal situations;
free movement of capital and direct investments in companies;
the euro area outside of Europe;
duty of loyal cooperation in the domain of EU external action;
territorial application of EU criminal law; and
territorial application of human rights treaties.
Twenty-two leading experts bring their well-informed perspectives to this under-researched but important subject in which, although rules abound and every opportunity to introduce clarity into the picture seems to be present, the situation is far from clear. The book will be welcomed by serious scholars of European Union law and by public international lawyers, as well as by policy-makers and legal practitioners.
1. Outlining EU enlargement law in general, including the principle of conditionality and the role played by the analysis of democracy and the Rule of Law in enlargement preparation;
2. Focusing on the role actually played by the monitoring of democracy and the Rule of Law in ten candidate countries, scrutinizing the way the EU used the legal tools and competences outlined in its enlargement law.
The book adopts the EU s own understanding of democracy and the Rule of Law, as derived directly from the substance of the numerous legal and political instruments issued by the Community Institutions and especially the Commission in the course of the pre-accession process. In this way it demonstrates the actual, as opposed to the officially announced, role played by the assessment of democracy and the Rule of Law in the candidate countries in the regulation of enlargement. Many formidable inconsistencies in the application of the conditionality principle are thus laid bare. This leads the author to a series of recommendations on policy and procedure that he demonstrates could be profitably applied to the regulation of current and future accessions, using the Commission s own structure of monitoring pre-accession reforms in the three areas of the legislature, executive, and judiciary in candidate countries. The probity and soundness of these recommendations, firmly grounded as they are in the actual pre-accession monitoring and its consequences for the pre-accession progress of ten Eastern European countries admitted to the EU in 2004 and 2007, will greatly interest policymakers and scholars concerned with the future of European integration.
Papers by Dimitry Kochenov
Table of Content:
http://admin.cambridge.org/sb/academic/subjects/law/european-law/eu-citizenship-and-federalism-role-rights?format=HB&isbn=9781107072701
The EU today has moved beyond its initial and primary emphasis on the establishment of an internal market, as the growing importance of EU citizenship and social rights suggests. Yet, most legal analyses of the EU Treaties and of EU case law remain premised broadly on the assumption that EU law still largely serves the purpose of perfecting what is fundamentally a system of economic integration. The place to be occupied by the underlying substantive ideal of justice remains significantly underspecified or even vacant, creating a tension between the market-oriented foundation of the Union and the contemporary essence of its constitutional system. The relationship of law to justice is a core dimension of constitutional systems around the world, and the EU is arguably no different in this respect.
The critical assessment of justice in the EU provided by the contributions to this book will help to create a fuller picture of the justice deficit in the EU, and at the same time open up an important new avenue of legal research of immediate importance.
This book, for the first time in English, gathers these deviations into a complex system of rules that the editor calls the "EU law of the Overseas". Member States' territories lying far away from the European continent either do not fall within the scope of EU law entirely, or are subject to EU law with serious derogations. A huge gap thus exists between the application of EU law in Europe and in the overseas parts of the Member States, which has not been explored in the English language literature until now. This collection of essays sets out to correct this by examining the principles of Union law applicable to such territories, placing them in the general context of the development of European integration. Among the key legal issues discussed are the following:
internal market outside of Europe;
the protection of minority cultures;
EU citizenship in the overseas countries and territories of the EU;
Article 349 TFEU as a source of derogations;
The implications of Part IV TFEU for the overseas acquis;
participatory methods of reappraisal of the relationship between the EU and the overseas;
implications for the formation of strategic alliances;
voting in European elections;
what matters may be referred by courts and tribunals in overseas countries and territories;
application of the acquis to the parts of the Member States not controlled by the government or excluded from ratione loci of EU law;
interplay of the Treaty provisions and secondary legislation in the overseas;
customs union;
wholly internal situations;
free movement of capital and direct investments in companies;
the euro area outside of Europe;
duty of loyal cooperation in the domain of EU external action;
territorial application of EU criminal law; and
territorial application of human rights treaties.
Twenty-two leading experts bring their well-informed perspectives to this under-researched but important subject in which, although rules abound and every opportunity to introduce clarity into the picture seems to be present, the situation is far from clear. The book will be welcomed by serious scholars of European Union law and by public international lawyers, as well as by policy-makers and legal practitioners.
1. Outlining EU enlargement law in general, including the principle of conditionality and the role played by the analysis of democracy and the Rule of Law in enlargement preparation;
2. Focusing on the role actually played by the monitoring of democracy and the Rule of Law in ten candidate countries, scrutinizing the way the EU used the legal tools and competences outlined in its enlargement law.
The book adopts the EU s own understanding of democracy and the Rule of Law, as derived directly from the substance of the numerous legal and political instruments issued by the Community Institutions and especially the Commission in the course of the pre-accession process. In this way it demonstrates the actual, as opposed to the officially announced, role played by the assessment of democracy and the Rule of Law in the candidate countries in the regulation of enlargement. Many formidable inconsistencies in the application of the conditionality principle are thus laid bare. This leads the author to a series of recommendations on policy and procedure that he demonstrates could be profitably applied to the regulation of current and future accessions, using the Commission s own structure of monitoring pre-accession reforms in the three areas of the legislature, executive, and judiciary in candidate countries. The probity and soundness of these recommendations, firmly grounded as they are in the actual pre-accession monitoring and its consequences for the pre-accession progress of ten Eastern European countries admitted to the EU in 2004 and 2007, will greatly interest policymakers and scholars concerned with the future of European integration.
http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1912925
http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1577984
Although Article 52(1) of the EU Treaty clearly states that EU law applies in the territory of all the Member States, most Member State territories lying outside of Europe provide examples of legal arrangements deviating from this rule. These deviations can be gathered into a complex system of rules called the ‘EU law of the Overseas’.