10 research outputs found
A Comparative Approach of the National Margin of Appreciation Doctrine Before the ECtHR, Investment Tribunals and WTO Dispute Settlement Bodies
The Identification of Victims Before the Inter-American Court of Human Rights and the International Criminal Court and its Impact on Participation and Reparations: A Domino Effect?
Armed Conflict and the Inter-American Human Rights System: Application or Interpretation of International Humanitarian Law?
The Regionalization of Development: Are Regional Organizations More Efficient Than States?
When Ambivalent Principles Prevail: Leads for Explaining Western Legal Orders' Infatuation with the Human Dignity Principle
L'Islam Dans La Jurisprudence De La Cour Européenne Des Droits De L'Homme (Islam in the European Court of Human Rights' Jurisprudence)
EU Loyalty After Lisbon: An Expectation Gap to Be Filled?
Conceived as a cornerstone of the European integration process, the Loyalty Clause (today enshrined in Article 4(3) TEU) has been significantly revisited by the Lisbon Treaty. Aside from repositioning the clause, which has wisely been incorporated into the TEU, the Reform Treaty has introduced other innovations to the pre-Lisbon Loyalty Clause, starting from the express recognition, for the very first time in primary law, of the existence of a general principle of loyal cooperation. In light of the pivotal role of EU loyalty and the innovations introduced by the Lisbon Treaty, the question arises as to whether the new formulation of loyalty can serve as a basis on which to effectively deal with the challenges the Union is facing today. This chapter examines the role loyalty can play in this regard, with a view to assessing whether a further revision of loyalty mechanisms is desirable. The analysis is organised as follows. I first consider the mainstream dimension of loyalty. Then I turn to the position of EU institutional actors as concerns their duties of loyalty, focusing in particular on the mutual nature of
these duties and their interaction with the imperative to respect national identities, an imperative that today is set out in the same Treaty provision (Article 4 TEU) which contains the Loyalty Clause. With that done, I discuss the interaction and distinction between loyalty and the legal concept of solidarity, the latter often
mentioned in the Lisbon Treaty as a structural feature of the EU constitutional dimension, and it has recently entered EU legal discourse on emergencies (natural, economic, financial, and social)