The remote voting between force majeure and procedural guarantees: EP’s leading initiative and other national examples. What changes and what remains

In the face of a health emergency of global proportions such as the COVID-19 contagion, even the institutional bodies risk inexorably stopping. In this sense, the EP’s initiative to hold the first and historic virtual plenary session is to be welcomed. At the same time, this has been able to avoid freezing parliamentary work and to continue to guarantee the democratic participation into the legislative procedure. This does not, however, exclude some concerns that have arisen with regard to the legitimacy of the decision to vote remotely, given the state of the art of legislation. The Treaties, as well as national constitutions, do not seem to have adequate specific mechanisms to deal with the state of emergency. What is certain is that the COVID-19 outbreak has demonstrated how the opening of a constructive debate can’t be postponed anymore. The time to repair the roof is when the sun is shining

Future solutions to preserve the founding values of the European Union: the proposal of Regulation protecting the EU budget against generalised rule of law deficiencies

Recent concerns about the state of health of the rule of law in the EU required the intervention of the European institutions that monitor the correct application of EU law. It was therefore necessary to activate the specific procedure that the Treaties allocate to safeguard the founding values of the Union, listed in Article 2 TEU and which include the rule of law (i.e., the Article 7 TEU). However, at the time of its first and real application, this mechanism proved to be ineffective. To deal with the critical issues inherent in the system established by Article 7 TEU, various instruments have been proposed and/or prepared. This presentation focuses on analysing the latter and checking whether there exist new, more effective solutions to protect the rule of law: the particular reference is to the proposal of Regulation protecting the EU budget against generalised rule of law deficiencies

The Protection of the Rule of Law in the European Union: State of the Art and Prospects

Recent concerns about the state of health of the rule of law in the EU required the intervention of the European institutions that monitor the correct application of EU law. It was therefore necessary to activate the specific procedure that the Treaties allocate to safeguard the founding values of the Union, listed in Article 2 TEU and which include the rule of law (i.e., the Article 7 TEU). However, at the time of its first and real application, this mechanism proved to be ineffective. To deal with the critical issues inherent in the system established by Article 7 TEU, various instruments have been proposed and/or prepared. This work the analysis of analysing the latter and checking whether there exist new, more effective solutions to protect the rule of law

Testing EU solidarity through Covid-19 pandemic: is it a common value?

Testing EU solidarity through Covid-19 pandemic: is it a common value

Euratom and Brexit: could the United Kingdom maintain one foot in the European Union? Current scenarios and future prospects of British withdrawal from the EAEC

The paper focuses on the very topical issue of conclusion of the membership of the State, namely the United Kingdom, in European integration structures. The question of termination of membership in European Communities and European Union has not been tackled for a long time in the sources of European law. With the adoption of the Treaty of Lisbon (2009), the institute of 'unilateral' withdrawal was introduced. It´s worth to say that exit clause was intended as symbolic in its nature, in fact underlining the status of Member States as sovereign entities. That is why this institute is very general and the legal regulation of the exercise of withdrawal contains many gaps. One of them is a question of absolute or relative nature of exiting from integration structures. Today’s “exit clause” (Art. 50 of Treaty on European Union) regulates only the termination of membership in the European Union and is silent on the impact of such a step on membership in the European Atomic Energy Community. The presented paper offers an analysis of different variations of the interpretation and solution of the problem. It´s based on the independent solution thesis and therefore rejects an automatism approach. The paper and topic is important and original especially because in the multitude of scholarly writings devoted to Brexit questions, vast majority of them deals with institutional questions, the interpretation of Art. 50 of Treaty on European Union; the constitutional matters at national UK level; future relation between EU and UK and political bargaining behind such as all that. The question of impact on withdrawal on Euratom membership is somehow underrepresented. Present paper attempts to fill this gap and accelerate the scholarly debate on this matter globally, because all consequences of Brexit already have and will definitely give rise to more world-wide effects

Violaciones sistémicas del Estado de Derecho en Hungría y Polonia: situación actual y perspectivas de futuro

Estado de derecho (Polonia y Hungria

Il principio di solidarietà tra impegno volontario e obbligo giuridico. La pronuncia della Corte di giustizia (GS) nel caso Slovacchia e Ungheria c. Consiglio

Corte di Giustizia dell’Unione europea (Grande sezione). Sentenza 6 settembre 2017, cause riunite C-643/15 e C-647/15, Repubblica slovacca e Ungheria contro Consiglio dell’Unione europe

L’art. 50 TUE e il recesso dall’euro: un’ipotesi percorribile?

Il presente lavoro intende analizzare la possibilità di recedere esclusivamente dall’euro alla luce dell’attuale normativa dell’Unione. Invero, i Trattati dell’Unione non contengono alcuna esplicita disposizione che regoli il recesso di uno Stato membro dell’UE dalla moneta unica, dal momento che l’art. 50 TUE disciplina la possibilità di recedere dall’Unione, non specificando in alcun modo se esso comprenda anche la possibilità di uscire dalla sola Unione economica e monetaria

La tutela dei diritti digitali nell'ordinamento dell'Unione: verso una EU Digital Charter?

La tutela dei diritti digitali necessita di una Carta ad hoc nell'ordinamento dell'Unione

La parità di genere nelle strategie digitali dell'Unione europea

Parità di genere, Valori, Digital