This article focuses on the impact of the reform of the contract law section of the French Civil Code in 2016 in two key areas: remedies for breach of contract and regulation of unfair terms. In particular, it draws a contrast between the ways in which two of the most controversial provisions introduced by the reforms have been applied in practice. While new Article 1221, which limits specific enforcement where it is disproportionate, has been accepted by the courts, Article 1171, which deems unfair terms as not written, has been interpreted narrowly to the point of being marginalised.

Addressing climate change is a global priority. There is broad, science-based consensus that efficient environmental policy requires significant and rapid investments aimed at accelerating energy transition and safeguarding biodiversity. Yet, despite valuable improvements such as NextGenerationEU and the ETS, the EU and its Member States are still in search of extra financial resources. Here, we establish the FINE-for-EU mechanism to provide finance for pan-European green investment projects. We propose setting up a Pan-European Climate Fund to create a financial link between the benefits businesses derive from the cross-border legal framework and the specific responsibilities they have towards supporting climate objectives.

Democratic backsliding is becoming increasingly widespread, filtering into not just constitutional law but other areas of substantive Union law. This article explores this phenomenon by focusing on how domestic judicial reforms spread to the day-to-day operation of EU competition law. It references two fundamental principles of Union law – mutual trust and effective judicial protection – before focusing on the European Competition Network, which requires national competition authorities to cooperate when discharging their duties under Union law. Lastly, it discusses the systemic consequences this can have for the operation of EU competition law, the internal market, and EU law more broadly.

The unfettered authority of sport-governing bodies (SGBs) has given rise to human rights claims and led to the distortion of EU free movement of persons and competition law. Following International Skating Union and European Super League Company, SBGs cannot exercise their right to achieve legitimate sporting aims like integrity and sporting fairness at the expense of competition rules. Nor are they allowed to prevent their member associations from organising/operating competitive leagues/events or to inflict sanctions on them for attempting to do so. These judgments will revolutionise the transnational sport law landscape, reshaping SGBs’ institutional rules and member relationships.

The primacy of EU law as framed by the Court of Justice pre-empts substantive arguments of principle that originate in other legal orders. This was accepted and acceptable to the extent that the values EU law contained were at least normatively equivalent to values originated from the other legal orders. In this contribution it is argued that this is no longer the case and that the misuse of the Rule of Law rhetoric justifying the primacy of EU law renders the EU less accountable and undermines the dialogical pluralist essence of EU constitutionalism.

This contribution analyses the current situation of the implementation of the Rule of Law in the EU focusing on three essential aspects: the role of Article 2 of the TEU as a legal paradigm, the issue of effectiveness of secondary law to strengthen Supranational mechanisms for the defense of the Rule of Law; and the thorny issue of the primacy of EU Law in the current Era of European Integration.

A new legal order has arisen in the United Kingdom (‘UK’) following that country's withdrawal from the European Union (‘EU’). Nowhere are these changes more evident than in the complex rules that have emerged in the fields of freedom of movement and the right to work. In evaluating the new legal landscape, this Article has two overarching aims. The first is to assess the level of protection granted to the right to work and associated free movement rights within EU and UK law, including the terms of the EU-UK Withdrawal Agreement. The second aim is to examine the extent to which those right to work rules are reflective of the status of the right to work as a fundamental social right. It is argued that Brexit unmoors the right to work from EU free movement rules, thereby undermining the normative value of that right, while exacerbating flaws in domestic rules governing access to employment for both national and migrant workers.

This Article provides an empirical analysis of all free movement of doctors cases decided by the CJEU. The aim of the Article is twofold: to provide a ‘characterisation’ of the type of doctors who rely on free movement law, and to make a link between their reliance on free movement law and the concept of medical professionalism. In what circumstances, and with what purpose, do doctors rely on free movement law? And does their reliance on free movement law pose a risk to medical professionalism? The analysis shows that most cases before the CJEU focussed on the expertise and qualifications of doctors. Many cases were brought by groups of doctors or medical professional associations. In most cases, the aim of the doctor's reliance on free movement law was to defend medical professionalism. Nevertheless, some recent cases show that doctors do rely on free movement law to restrict their accountability towards patients or national healthcare systems. Moreover, these cases show that arguments based on free movement law are relied on in a broader range of non-specialised courts or tribunals. This makes it important that national courts continue to engage in a dialogue with the CJEU.

This Article interrogates the role of national constitutional courts within the Article 267 TFEU preliminary reference mechanism from both descriptive and normative angles. First, I demonstrate that although a clear majority of the constitutional courts submit references to the ECJ on a more frequent basis, differences in individual approaches remain significant. Subsequently, I argue that the core normative attractivity of the questions submitted in the course of domestic constitutional review lies in their participative and deliberative potential. Compared to ordinary courts, constitutional courts are better suited to amplify the ‘unheard’ voices of immobile EU citizens. By counterbalancing the demands of the EU's functional constitution, which is primarily based on the ideals of market capitalism, constitutional courts’ questions may contribute to the EU's capacity to generate legitimate decisions. Finally, I put my theoretical claims in context and analyse the main ways in which such deliberative potential can translate into practice.

This Article deals with selected issues of judicial protection that arise in the context of the sanctions adopted by the EU against Russia and Belarus after the 2022 invasion of Ukraine. As most cases challenging the sanctions are pending, this Article draws lessons from the previous case law on EU restrictive measures. It explores what aspects of the sanctions escape judicial review, then profiles of external (or formal) legality of the sanctions, of internal (or substantive) legality, and concludes by assessing the overall role of the Court in EU foreign affairs. The discussion shows that the case law in this area of EU administrative law converges to a great extent with other areas of EU competence, but tensions remain in how the Court may impose substantial constraints to executive discretion in the field of Common Foreign and Security Policy.

The EU Blocking Regulation intends to exclude the effects of extraterritorial legislation by third countries and, in particular, those of US economic sanctions, to protect the interests of economic actors in the EU. The goals of the Regulation—effective enforcement of EU law and the protection of the interests of EU economic actors—give rise to an enforcement paradox: a lack of enforcement by the Commission and the state authorities. The Bank Melli case not only demonstrates a shift in the enforcement of the Blocking Regulation to private parties but also sheds light anew on the doubts about its ability to protect private interests.

In response to Russia's aggression against Ukraine, the EU adopted a series of unprecedented ‘massive and targeted sanctions’ against the Russian economy. Whereas the EU has clarified that its restrictive measures are not directed against Russian society, it is has stated that it seeks to ‘diminish’ the Russia economy and ‘cripple’ its ability to finance the war. Such measures recall economic warfare, where the adversary's economy is targeted in order to weaken it and, if successful, would undoubtedly have an impact on Russian people. Moreover, the sanctions have had repercussions on third states and economic operators. Applying the proportionality principle, the article finds that the restrictive measures the EU has imposed on Russia in response to its aggressive war in Ukraine are disproportionate due to their impact on third parties.

Article 19 TFEU's unanimity requirement shares a striking similarity with a two-century old debate on voting and minority rights between the ‘father’ of the US Constitution, James Madison, and the ‘rebellious son’, John C. Calhoun. Madison made majority voting a necessary condition for impartial lawmaking and minority protection in multistate unions. Conversely, Calhoun sought to maintain the racial status quo through advocating for a competing unanimity-based structure. Minority protection in Article 19 TFEU aligns with Calhoun's model. This Article reassesses Article 19 TFEU through the foundational principles of constitutionalism underlying the US debate and shows their continued relevance for contemporary case law and minority protection in the EU. Particularly, it demonstrates, first, that Article 19 offends the impartiality principle of nemo judex in causa sua—no person should judge their own cause—which has long been a leitmotiv in Western constitutional theory. Second, it illustrates that unanimity causes de jure and de facto ramifications for ethnic and religious minorities in the EU. Last, the Article provides a theoretically grounded and comparatively informed argument to aid ongoing attempts for treaty amendment.

Competition policy in the EU and UK is in the process of a significant reconfiguration. Its key postulates, methodologies, and normative goals are being subject to intense discussion and revision. The emergence of sui generis ‘new competition tools’ in the area of digital markets—EU Digital Markets Act and UK Digital Markets, Competition and Consumers (bill)—epitomises this trend. The purpose of this Article is to attempt to provide legal theoretical foundations for the new subfield of competition law and policy by systematising and conceptualising these trends into the framework of socio-legal scholarship.

Assessing damages in follow-on actions against cartels that have infringed EU or domestic antitrust law is still in its infancy in Europe. This Article highlights the reasons why this issue has only recently started reaching the courts and analyses the pitfalls and problems courts face when calculating or estimating the amount of loss caused by a cartel to individual plaintiffs. As this endeavour raises complex economic questions, the Article outlines the basic economic approaches to measure antitrust harm and derives general principles from EU law on how courts should deal with economic evidence in follow-on actions to ensure an effective enforcement of competition law.

Security of supply refers to governmental policies that aim to secure the availability of critical products at all times. The COVID-19 pandemic brought to fore the importance of such policies, as suddenly there was an overwhelming need for critical medical supplies that the markets were not able to fulfil. Following the pandemic, the EU has started to construct its own security of supply policy, although lacking an explicit competence for it. This Article shows how competence on security of supply is actually split between the EU and the Member States, and highlights the consequences of this division.

This Article analyses the evolution of the public security defence to justify restrictions on free movement within the EU in the context of the energy sector. Taking the seminal 1984 Campus Oil case as the point of departure for its analysis, the Article focuses on the interplay between public security and energy security and shows two key changes in the case law of the Court of Justice of the European Union. First, it demonstrates how the scope of the public security defence in the energy sector has gradually narrowed. Second, it shows how the public security defence has developed to take into account evolving social, technological, and legal contexts in the EU energy sector. Culminating in cases like Hidroelectrica in 2020 and OPAL in 2021, analysis of the relevant case law suggests that, despite the societal dependence on energy and the ongoing geopolitical turmoil in Europe, the Court of Justice interprets exceptions from free movement in an increasingly strict manner, highlighting the primacy of internal market approaches to energy security.

EU citizenship, now so central to the European Union's project, remains a highly contested concept in respect of its meaning, its scope, and its purpose. By considering the large body of legal texts and their travaux préparatoires from the 1972 Paris European Council until the adoption of the Maastricht Treaty in 1992, we have explored what the original drafters had in mind in developing the concept of EU citizenship and, crucially, what they did not. The article argues that the notion of European citizenship was seen as a tool to define European identity, and thus to continue the building of the European Union as a whole. European citizenship was thus viewed through a constitutional prism from the outset. The constitutional approach to the concept of European citizenship fed into the wider constitutionalisation project under the Maastricht Treaty and, later, permeated the case law of the Court of Justice of the European Union. We wish to argue that this focus on the constitutional nature of EU citizenship overlooked the more practical implications of citizenship, such as how to manage immigration flows or the infrastructure changes needed in the host state to accommodate a significant number of arrivals of EU citizens (in particular in respect of housing and social welfare benefits). It took more than 20 years after the introduction of EU citizenship for the Court of Justice to become aware of the practical, as opposed to constitutional, implications of the direction of travel it had pursued. By that time, it was too late for the United Kingdom, one of the countries which had received the largest number of EU citizens; the UK voted by a narrow margin to leave the European Union.

Artificial Intelligence (‘AI’) technologies present great opportunities for the investment management industry (as well as broader financial services). However, there are presently no regulations specifically aiming at AI in investment management. Does this mean that AI is currently unregulated? If not, which hard and soft law rules apply?

Investments are a heavily regulated industry (MIFID II, UCITS IV and V, SM&CR, GDPR etc). Most regulations are intentionally technology-neutral. These regulations are legally binding (hard law). Recent years saw the emergence of regulatory and industry publications (soft laws) focusing specifically on AI. In this Article we analyse both hard law and soft law instruments.

The contributions of this work are: first, a review of key regulations applicable to AI in investment management (and oftentimes by extension to banking as well) from multiple jurisdictions; second, a framework and an analysis of key regulatory themes for AI.

The discussion of the need to establish a ‘right to the internet’, ongoing now for over thirty years, has not brought about a clear resolution. Despite the growing importance of online services to both the economy and social life, there is no consensus on the limits of such a right, nor on the need to define it at all—not to mention controversy over its inclusion in the catalogue of fundamental rights.

However, the discussion about the right to internet access in the context of the EU legal system now seems obsolete. This is so, because—not through the direct modernisation of the Charter of Fundamental Rights but as part of new telecommunications legislation—a new subjective right, called the right to open internet, has emerged.

The aim of this Article is to clarify the content of this right and its relationship to the principle of network neutrality. Against this background, recent judgments of the Court of Justice will be examined and discussed. Although closely related to the telecommunications market, these judgments may serve as a starting point for further discussion on the meaning of the right to open internet in the EU legal system, including its relation to the protection of human rights.