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The European Union’s Lisbon Treaty: Some thoughts on the “Irish Legal Guarantees”

Dr. Laurent Pech is Jean Monnet Lecturer in EU Public Law at the National University of Ireland, Galway. He has recently been Emile Noel Fellow at New York University School of Law and a Visiting Scholar at UC Berkeley's EU Center of Excellence.  As is well-known, EU Treaties, to enter into force, must be ratified by all EU Member States in accordance with their respective constitutional requirements. In Ireland, following a controversial and ambiguous 1987 judgment of the Irish Supreme Court, ratification of EU Treaties is understood as requiring amendment of the Constitution, which in turn requires a referendum (formally speaking, however, each new EU Treaty is submitted by the Government to the Attorney General to determine if a referendum is constitutionally required: see this study for further analysis).  In June 2008, to the surprise of many, Irish voters refused to amend the national Constitution to allow for ratification of the Lisbon Treaty, signed in December 2007. The Irish No did not lead, however, to the abandon of the Treaty…

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Investment Treaties and EU law

Piet Eeckhout is Professor of Law and Director of the Centre for European Law at King's College London. In two parallel decisions of March of this year (Case C-249/06 Commission v Sweden and Case C-205/06 Commission v…

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A House of Kadis? Recent Challenges to the UN Sanctions Regime and the Continuing Response to the ECJ Decision in Kadi

Devika Hovell is a DPhil Candidate in international law at the University of Oxford, and Associate Fellow  at Chatham House. She worked formerly as Director of the International Law Project and Lecturer in International Law at the University of New South Wales. Her doctoral thesis applies a procedural fairness framework to Security Council …

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Kadi and Al Barakaat: Luxembourg is not Texas – or Washington DC

Piet Eeckhout is Professor of Law and Director of the Centre for European Law at King's College London. He was a member of the legal team for the applicant Yassin Kadi. The European Court of Justice's approach in the Kadi decision has already been described as sharply dualist (see,Professor Joseph Weiler's…

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