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Rule of Law Guardian for the Public Health Derogation
Author: Kate Shaw
In an era of Covid 19, the book The Court of Justice of the European Union explores the extent to which the CJEU can realise a powerful role as guardian of the EU’s rule of law in a public health emergency. Drawing on an extensive literature review, it The Court of Justice of the European Unionargues the CJEU can realise such a role by anchoring a structured rule of law review in its reasoning when considering the exercise by the Member States of the public health derogation. Both the legal reasoning of the CJEU during the Covid 19 public health emergency and its aftermath, as well as the related challenges to the EU’s rule of law, are legally and politically of intense interest to legal academics, legal practitioners, policy makers and students.
Author: Zamira Xhaferri
This book examines the law and practice of the delegation of rulemaking powers to the European Commission. It combines legal doctrine with empirical research methods to bridge the gap between “law on the books” and “law in action” to fully appreciate the meaning and the impact of the changes post-Lisbon. The results of the empirical case study provide food for thought on how the current legal framework regime for delegated rulemaking by the European Commission could be improved. The findings seek to contribute to the academic and policy debates on this research topic that is likely to continue in forthcoming years.
Author: Yuji Iwasawa
Domestic Application of International Law analyses the domestic application of international law, with a particular focus on the concept of direct applicability. It critically examines the relevant doctrine and practice and proposes a new analytical framework. It argues, inter alia, the following: direct applicability is a question of domestic law; international law is presumed to be directly applicable; the criteria for direct applicability are grounds to exclude rather than establish direct applicability; the positive intent of the parties should not be considered a criterion; domestic legal force is a prerequisite for direct applicability; a relative approach to direct applicability should be adopted.
Author: Niovi Vavoula
In this book, Niovi Vavoula examines the privacy challenges raised by the establishment, operation and reconfiguration of EU-wide information systems that store personal data, including biometrics, of different categories of third-country nationals that may be used for various immigration related and law enforcement purposes. The monograph analyses both the currently operational databases – Schengen Information System (SIS), Visa Information System (VIS) and Eurodac – and forthcoming systems – Entry/Exit System (EES), European Travel Information and Authorisation Systems (ETIAS) and European Criminal Record Information System for Third-Country Nationals (ECRIS-TCN) – as well as their future interoperability. To assess the compatibility of legal instruments governing information systems and their interoperability with the right to respect for private life, the author calls for the centrality of privacy as the appropriate lens through which instruments involving the processing of personal data should be viewed and offers a typology of privacy standards based on relevant case law by the Strasbourg and Luxemburg Courts.
"This is a ground-breaking book, the first comprehensive analysis of the growing interrelationship between immigration law and privacy law. The book is essential reading for academics, policy makers and legal practitioners working in these fields, and will lead in informing the debate on the relationship between security and human rights in Europe. Rigorous and ambitious, the book will become a reference point in the field."
Professor Valsamis Mitsilegas, Professor of Criminal Law and Global Security, Queen Mary and Westfield School of Law, London.
The compatibility of ISDS in Bilateral Investment Treaties (BITs) and the Energy Charter Treaty (ECT) with the autonomy of EU law
The EU’s participation in international dispute resolution mechanisms presents particular problems owing to its multilevel governance and its autonomy from international and national law. The inclusion of foreign direct investment in the Common Commercial policy in the Treaty of Lisbon, expanded those to investment arbitrations under Member States’ BITs, as the Court of Justice ruled in Achmea. EU Law and International Investment Arbitration, examines the impact of that inclusion beyond Achmea, from the perspectives of international and EU law, to the remaining extra-EU BITs of the Member States and the Energy Charter Treaty.
Author: Nino Tsereteli

Abstract

This article investigates the formal and informal factors behind the persistence of judicial oligarchies in post-communist countries despite large-scale reforms. This case study on Georgia reveals that formal positions of power in these judiciaries can be monopolized by a close-knit group, with a handful of influential judges (i.e. judicial oligarchs) at the top of its hierarchical structure. Drawing on in-depth interviews with sitting as well as former judges and other stakeholders of reform processes, the article attributes the failure to dismantle the rule of judicial oligarchs at least partly to legislative flaws and loopholes. More importantly, it warns about the reliance of judicial oligarchs on informal rules and practices to undermine formal rules and procedures meant to facilitate the meaningful participation of all judges in governing the judiciary. It uncovers informal mechanisms allowing the network of powerful judges to suppress the emergence of competing judicial networks and cement itself into leadership positions. Finally, the article reflects on the implications of these findings for designing and implementing judicial reforms in Georgia and beyond.

In: Review of Central and East European Law
In: EU Law and International Investment Arbitration
In: EU Law and International Investment Arbitration
In: EU Law and International Investment Arbitration
In: EU Law and International Investment Arbitration