Ilias Bantekas* ABSTRACT The lex sportiva embodies the notion that sport governing bodies (SGBs) possess full authority to promulgate their own rules and render these binding by reason of contract to all their constituent stakeholders, including, inter alia, athletes, clubs and national federations. Their non-profit character has allowed them to attract a preferential status and […]|
by Tamas Dezso Ziegler, Balázs Horváthy, Thomas Buijnink ABSTRACT This paper elaborates on the role of legal exceptionalism in European integration from the perspective of EU Member States, with special regards to Hungary’s position. Its aim is to prove two points. First, exceptionalism is a natural consequence of increased dependency among European countries. From a […]|
by Maria Lucia Passador* ABSTRACT The EU Artificial Intelligence Act (AI Act) is a landmark piece of legislation designed to regulate AI systems according to their risk levels and ensure the protection of fundamental rights. This paper focuses on the interplay between the AI Act and prudential supervision within the EU banking sector, with a […]|
Helen Jennings* ABSTRACT This paper examines a development in recent judgments of the European Court of Human Rights (“the Court,” “ECtHR”) regarding the prohibition of torture, inhuman and degrading treatment under Article 3 of the European Convention on Human Rights (“Article 3,” “ECHR”). Since the 2010s, the Court has linked the prohibition of degrading treatment […]|
By Aleydis Nissen* In February 2024, during the final stages of adopting the EU Corporate Sustainability Due Diligence Directive (CS3D)—a flagship directive imposing human rights and environmental obligations on large companies in their global value chains—the United Nations High Commissioner for Human Rights, Volker Türk, warned that failure to pass the directive would be a […]|
By James Marson and Katy Ferris* Can a driver of a vehicle transition to become its passenger during a journey if another passenger assumes control of the vehicle? Interestingly, the Motor Vehicle Insurance Directive (MVID) 2009/103/EC— the legislative framework governing compulsory motor insurance and civil liability across the EU—does not explicitly define the term “driver.” […]|
By Davide Genini On 10 September 2024, the European Court of Justice (ECJ) delivered a landmark judgment in KS and KD v Council. This blog post explores the ECJ’s judicial authority over CFSP matters in light of this pivotal decision, highlighting its potential impact on the broader European integration process. It argues that by extending […]|
by: Justin Lindeboom** ABSTRACT In EU constitutional law scholarship, comparisons with US constitutional law have been both a major intergenerational topic of interest and a significant blind spot. On the one hand, similarities and differences in constitutional DNA and federal architecture have been analyzed by multiple generations of scholars over the past four decades.[1] Less […]|
by: Sarah Ganty* & Dimitry V. Kochenov** ABSTRACT The European Union (EU) deploys a number of legal techniques in an effort to make sure that virtually no denial of racialized noncitizens’ rights–across the spectrum from equality and dignity to the right to life–is ever presented as a violation of EU law, even as the death-toll […]|
by: Peter Davis*| cjel.law.columbia.edu
by: Daniel Calleja, Tim Maxian Rusche, Trajan Shipley*| cjel.law.columbia.edu