Abstract: The article offers a critical reflection on the ongoing debate over the “Future of Europe” scenarios envisioned in the European Commission’s White Paper of 1 March 2017. Five potential scenarios are described, which enable a peek into the future, and the article explores whether the European Union’s status quo should change towards a new, ambitious vision or just continue muddling through. The desirability and feasibility of the most favoured scenario (“those who want to do more do more” − a multi-speed Europe) will be tested in the Area of Freedom, Security and Justice (AFSJ). It will be argued that the clash between the three supposedly interlinked notions of freedom, security, and justice is the main obstacle hindering more coherence and uniformity in this area. This will be demonstrated by analysing the “root of the problem,” i.e., prison overcrowding.

On 23 May 2018, the Commission published its Proposal for a Regulation amending Regulation (EU, Euratom) 883/2013 and the accompanying Staff Working Document. This brief article sets out (I) the main outcomes of the evaluation of Regulation 883/2013 completed in late 2017, (II) the objectives and scope of the Commission proposal, and (III) the main proposed changes and their rationale.

The European Court of Justice (ECJ) finally delivered a judgment that puts an end to the so-called Taricco saga − at least for the time being. More importantly, this Taricco II judgment (Case C-42/17 – M.A.S. & M.B.) deals with the relationship between the principles of primacy, effectiveness, and direct effect of EU law, on the one hand, and the concept of national (and particularly constitutional) identity of the Member States, on the other. It also addresses the extent of the possibility for Member States not to apply EU law if it conflicts with an overriding principle guaranteed by their national constitution. In this context, the article aims to assess, firstly, whether the Court overruled its Melloni doctrine with this judgment. Secondly, the article analyses whether the Court, at least implicitly, answered the sensitive question of who is the ultimate judge responsible for assessing whether the “identity clause” enshrined in … Read more

Free translation from Italian into English by Francesco de Angelis and Indira Tie from an article written by Professor Sabino Cassese
With its recent decision of 20 December 2017, the European Union – the most ingenious political construction of the 20th century – reminded Poland that common values have to be respected. Since it is the first time in the history of the Union that this has ever happened, this event deserves reflection.

This article addresses several issues on the added value of the recently established European Public Prosecutor's Office (EPPO). One section of the article explores whether the establishment of the EPPO via enhanced cooperation undermines the added value of the EPPO in combating crimes affecting the financial interests of the Union. Another section offers an evaluation of whether the establishment of the EPPO via enhanced cooperation makes it more difficult or even impossible to further extend the competence of the EPPO over terrorism-related crimes.