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The general principle of equality in European law is often held to be inconsistently applied by the European Court of Justice ( ECJ) and insufficiently supported by methodology. Contrary to this assessment, this paper argues that there is substantial coherence and theoretical underpinning to the court's equality reasoning. First, it shows that the respective case-law can be subdivided into three groups, depending on the level of scrutiny applied. Second, it establishes that the prevailing accounts have difficulty in explaining the court's choice of scrutiny due to their limited selection of analytical parameters. Third, it concludes that comparative institutional analysis offers an alternative framework to make the ECJ's testing approaches in equality matters more intelligible. [ABSTRACT FROM AUTHOR]

The 1995 ruling of the European Court of Justice in Bosman was a pivotal point in the relationship between the European Union and sport. It has had an immense impact upon professional team sports, most notably football, in terms of liberalising the transfer system and abolishing player quotas. This paper will chart the development of a European sports law policy generally and will specifically discuss two current proposals concerning the reintroduction of playing quotas in football. We will examine the legality of these proposals with reference to Article 45 of the Treaty on the Functioning of the European Union and will evaluate the political context within which these proposals have been promulgated. It will be suggested that a possible solution, which should end legal uncertainty, could be the adoption of a collective agreement or directive based on the methodology of reflexive labour law. [ABSTRACT FROM AUTHOR]

Currently the Member States' nationalities, short of being abolished in the legal sense, mostly serve as access points to the status of EU citizenship. Besides, they provide their owners with a limited number of specific rights in deviation from the general principle of non-discrimination on the basis of nationality, and-what is probably more important for the majority of their owners-trigger legalised discrimination in the wholly internal situations. Viewed in this light, the requirement to have only one Member State's nationality enforced in national law by 10 Member States seems totally outdated and misplaced. This paper focuses on the legal analysis of this controversial requirement. [ABSTRACT FROM AUTHOR]

This paper deals with the issue of non-regression clauses, which, despite a twenty-year history, has been addressed by domestic and European case law only recently, and only with regard to the field of flexible employment. This essay argues that the Court of Justice case law on non-regression clauses (the Mangold and Angelidaki rulings) leads to a weakening of these instruments, rendering them ineffective. This ineffectiveness is due to the controversial idea of Fixed-Term Work in the era of flexicurity, and to the difficult justiciability of the particular clause in itself, as demonstrated by the most recent Court of Justice's ruling, Sorge. In addition, this essay provides an explanation of the difficult enforcement of non-regression clauses, in light of the new course of European employment policies. [ABSTRACT FROM AUTHOR]

The high numbers of over-indebtedness and of evictions in Europe since the financial crisis have highlighted the need to re-think the role that mortgage credit plays for societies. This contribution examines the social function of contract law, based on the observation that contract law is a means of allocating welfare in a political economy in which the welfare state is in retreat. The claim asserted in this article is that EU law in the field of mortgages does not fulfil its social function because it is based on a formalistic understanding of contract law. In order to close the protective gap brought about by a shift in the allocation of welfare from public provision to private markets without altering the understanding of contracts, the proposal is to follow the cooperative contract model of contracts as social cooperation. This approach allows for an assessment of fairness that acknowledges the long-term character of mortgage contracts and the ensuing need to distribute market risks between both contracting parties. [ABSTRACT FROM AUTHOR]

Despite the explicit exclusion of its jurisdiction, the Court of Justice of the European Union exercises judicial control over Common Foreign and Security Policy (CFSP). This article examines and explains how the Court's extended jurisdiction contributes to the juridification, judicialisation and constitutionalisation of the EU's compound CFSP structures. It first lays the groundwork by explaining the link between constitutionalisation and democratic legitimation and setting out the Court's formal jurisdiction over CFSP under Article 40 Treaty on European Union and Articles 218(11) and 275(2) Treaty on the Functioning of the European Union. The centre piece of the article then identifies how the Court's jurisdiction has expanded since the entry into force of the Lisbon Treaty, points at additional 'substantive' avenues of judicial review on the basis of access to information and access to justice, and analyses the effects of the Court of Justice of the European Union's extended jurisdiction for CFSP. [ABSTRACT FROM AUTHOR]

The article focuses on the migration crisis of Europe in 2015 with the symptom of the structural crisis of European Integration and ambivalence of the normative commitment to asylum. It mentions that asymmetric integration of asylum policy in Europe with economic integration and the approach of European Union Court of Justice (CJEU). It also mentions that second wave of supranational emergency measures with patrolling with the help of North Atlantic Treaty Organization (NATO).

The aim of this piece is to draw the attention of the debate on principles in European private law to an institutional question. As the question of who detects these principles is crucial to understand the values and intentions behind the provisions on principles, I turn to the significance of the authority question of who detects principles of European Private law with regard to the two players ECJ and the academic circle 'Joint Network on European law'. After analysing the role of these players I will ask whether private law principles (which are principles derived from the analysis of contractual relationships by academics) or principles of civil law (derived from conflict solution by judges) govern the principles debate in European Private law. I will argue for a pluralistic understanding of European Private law, where neither academia nor the ECJ enjoy a monopoly on the detection of principles in European Private law. Instead, they form a symbiotic relationship in several respects. Understood in this way, the DCFR's role as a toolbox for the legislator is supplemented with its maybe even stronger significance as a toolbox for judges. [ABSTRACT FROM AUTHOR]

Academic literature repeatedly calls for the EU's accession to the Convention for the Protection of Human Rights and Fundamental Freedoms 1950 (hereinafter Convention 1 ). Similarly, the not (yet) ratified Lisbon Treaty provides that the EU must accede to the Convention. This might seem odd as the European Court of Justice (hereinafter ECJ 2 ) has over the years developed abundant case-law on human rights protection in the EU, and the EU has not so long ago adopted a, albeit non-binding, catalogue of human rights (the Charter of Fundamental Rights of the EU (hereinafter Charter)). But after all these years, cases, and Treaty amendments, the EU is in fact going back to the ECJ's 1996 landmark opinion which recommended the EU's formal accession to the Convention, 3 already proposed in 1979 by the Commission. 4 One reason for this might be that, in the meantime, human rights issues have multiplied in the application of EU law, especially in areas such as the Second and Third Pillars where—at least initially—fewer human rights protection guarantees were foreseen. [ABSTRACT FROM AUTHOR]