EU Law@Liverpool's Publications

‌‌EU Law@Liverpool members are engaged in internationally recognised research activities across a range of key themes. Recent outputs include:

EU Constitutional and Institutional law

  • T. Horsley, The Court of Justice of the European Union as an Institutional Actor: Judicial Law Making and its Limits, (CUP, 2018)
  • K. Sowery, ‘The Nature and Scope of the Primary Law-Making Powers of the European Union: The Member States as the Treaties?’ (2018) 43(2) European Law Review 205-223
  • M. Dougan, ‘Addressing Issues of Protective Scope within the Francovich Right to Reparation’, (2017) 13(1) European Constitutional Law Review 124-165
  • K. Sowery, ‘Reconciling Primacy and Environmental Protection: Association France Nature Environment’, (2017) 54(4) Common Market Law Review 1157-1177
  • N. Vogiatzis, The European Ombudsman and Good Administration in the European Union, (Palgrave Macmillan, 2017)
  • A. Woodhouse, ‘With Great Power Comes No Responsibility? The “Political Exception” to Duties of Sincere Cooperation for National Parliaments’, (2017) 54(2) Common Market Law Review, 443-473
  • K. Sowery, ‘Equivalent treatment of Union rights under national procedural law: Târsia' (2016) 53 Common Market Law Review 1705-1726.
  • T. Horsley, 'The Court Hereby Rules...' - Legal Developments in EU Fundamental Rights Protection’ (2015) 53(S1) Journal of Common Market Studies 108-127
  • T. Horsley, 'Reflections on the Role of the Court of Justice as the Motor of European Integration: Legal Limits to Judicial Lawmaking' (2013) 50(4) Common Market Law Review 931-964
  • M. Dougan, National remedies before the Court of Justice: issues of harmonisation and differentiation (Hart, 2009).

The EU and democracy

  • F. Cengiz, ‘Bringing the Citizen back into EU democracy: against the input-output model and why deliberative democracy might be the answer’ (2018) European Politics and Society, 1-18
  • J. Organ, ‘EU Citizen Participation, Openness and the European Citizens’ Initiative: The TTIP Legacy’, (2017) 54(6) Common Market Law Review 1713-1747
  • N. Vogiatzis, ‘Between Discretion and Control: Reflections on the Institutional Position of the Commission with the European Citizens’ Initiative Process’, (2017) 23(3-4) European Law Journal 250-271
  • N. Vogiatzis ‘The Linguistic Policy of the EU Institutions and Political Participation post-Lisbon’ (2016) 41(2) European Law Review 176-200
  • J. Organ, ‘Decommissioning Direct Democracy? A Critical Analysis of Commission Decision-Making on the Legal Admissibility of European Citizens’ Initiative Proposals’ (2014) 10(3) European Constitutional Law Review 422-443

The EU Single Market, Free Movement and Union citizenship

  • S. Reynolds, ‘Aim and Duty, Sword and Shield: Analysing the Casue and Effects of the Malleability of ‘Social Integration’ in EU Law’, (2018) 3(2) European Papers 693-732
  • S. Currie, ‘Unjoined-up Policymaking and Patchy Promotion of Gender Equality: Free Movement and Reconciliation of Work and Family Life in the EU’, in A. Torres Perez & M. Gonzales Pascual (eds), The Right to Family Life (Routledge, 2017)
  • S. Reynolds, ‘Union Citizenship: Placing Limitations on a Human-Centred Approach?’, in N. Ferriera & D. Kostakopoulou, The Human Face of the European Union: Are EU Law and Policy Humane Enough?, (CUP, 2016)
  • S. Reynolds, ‘Housing Policy as a Restriction of Free Movement and Member States’ Discretion to Design Programmes of Social Protection: Libert’ (2015) 52(1) Common Market Law Review 259
  • T. Horsley, ‘Death, Taxes and (Targeted) Judicial Dynamism: The Free Movement of Capital in EU Law’ in Arnull, A and Chalmers, D (eds), Oxford Handbook of European Union Law, (OUP, 2015)
  • S. Currie, ‘Pregnancy-related Employment Breaks, the Gender Dynamics of Free Movement Law and Curtailed Citizenship Rights, Jessy Saint Prix, (2015) 53(2) Common Market Law Review 543-562
  • T. Horsley, 'Unearthing Buried Treasure: Art 34 TFEU and the Exclusionary Rules' (2012) 37(6) European Law Review 734-757
  • M. Dougan, ‘Judicial Activism or Constitutional Interaction? Policymaking by the ECJ in the field of Union citizenship’, in The European Court of Justice and the Autonomy of the Member States, (Intersentia, 2012)

Fundamental rights, including children's rights

  • S. Reynolds, ‘Explaining the Constitutional Drivers behind a Perceived Judicial Preference for Free Movement over Fundamental Rights’ (2016) 53(3) Common Market Law Review 643-677
  • E. Drywood, ‘“When we buy a young boy…” Migrant Footballers, Children’s Rights and the Case for EU Intervention’ (2016) in Iusmen, I and Stalford, H (eds), The EU as a Children’s Rights Actor: Law, Policy and Structural Dimensions 191-219
  • M. Dougan, ‘Judicial Review of Member State Action under the General Principles and the Charter: Defining the ‘Scope of Union Law’’ (2015) 52 Common Market Law Review 1201-1246.
  • N. Vogiatzis, ‘The Right to Extra-Judicial Redress in EU Law after the EU’s Accession to the ECHR: The Framework, Challenges and the Question of the Prior Involvement of the CJEU’, in V. Kosta, N. Skoutaris & V. P. Tzevelekos (eds), The EU’s Accession to the ECHR, (OUP, 2014)
  • H. Stalford, ‘Journeys to European Justice: (How) Can the EU Enable Children to Enforce their Rights?’ in I. Iusmen (ed), The EU as a Children’s Rights Actor: Law, Policy and Structural Dimensions (Barbara Budrich, 2015)
  • E. Drywood, ‘Giving with One Hand, Taking with the Other: Fundamental Rights and the Family Reunification Decision’, (2007) 32(3) European law Review, 396-340

EU Competition Law

  • A. Gideon, Application of competition law to public services: The EU experience, the ASEAN approach’ in The Regionalisation of Competition Law and Policy within the ASEAN Economic Community (2018)
  • A. Gideon, Higher Education Institutions in the EU: Between Competition and Public Service (Asser, 2017)
  • F. Cengiz, ‘Network Governance in European Competition Law Post-Financial Crisis: What Impact on Legitimacy’ in Beneyto J. M. & Maillo, J (eds), Fostering Growth in Europe: Reinforcing the Internal Market, (CEU Ediciones, 2014) 487-515
  • F. Cengiz, Antitrust Federalism in the EU and the US. Research in Competition Law (Routledge, 2012)

EU Asylum and Immigration

  • E. Drywood, “Who's In and Who's Out? The Court's Emerging Case Law on the Definition of a Refugee” (2014) 51 Common Market Law Review 1-32
  • H. Gray, ‘Surveying the Foundations: Article 80 TFEU and the Common European Asylum System’ (2013) 34(3) Liverpool Law Review 175-193
  • E. Drywood, ‘Child-proofing’ EU Law and Policy: Interrogating the Law-Making Processes behind European Asylum and Immigration Provision’, (2011) 19(3) The International Journal of Children’s Rights, 405-428
  • E. Drywood, 'Challenging concepts of the "child" in asylum and immigration law: the example of the EU' (2010) (32(3) Journal of Social Welfare and Family Law 309-323

EU Criminal Law

  • A. Willems, ‘Extradition on the Two Sides of the Atlantic: The US Model as Blueprint for the European Arrest Warrant?’ (2016) 27(4) Criminal Law Forum 443-493
  • A. Willems, ‘Mutual Trust as a Term of Art in EU Criminal Law: Revealing its Hybrid Character’, (2016) 9(1) European Journal of Legal Studies 211-249

EU and Public Health

  • O. Bartlett & A. Garde, ‘The EU’s Failure to Support Member States in their Implementation of the WHO Recommendations: How to Ignore the Elephant in the Room? (2017) 8(2) European Journal of Risk Regulation 251-269
  • A. Garde & A. Alemanno (eds), Regulating Lifestyle Risks in Europe: Tobacco, Alcohol and Unhealthy Diets (CUP, 2015)
  • A. Alemanno & A. Garde, ‘The Emergence of EU Lifestyle Risk Regulation: New Trends in Evidence, Proportionality and Judicial Review’, in Risk and EU Law (2015)
  • A. Alemanno & A. Garde, ‘The Emergence of an EU Lifestyle Policy: The Case of Alcohol, Tobacco and Unhealthy Diets’, (2013) 50(6) Common Market Law Review
  • A. Garde, EU Law and Obesity Prevention (Kluwer, 2010)

EU External Relations and Trade

  • D. Behn, O. K. Fauchald & L. Létourneau-Tremblay, ‘Promoting Renewable Energy in the EU: Shifting Trends in Member State Policy Space’, (2017) 28(2) European Business Law Review 217-243
  • M. Sattorova, ‘Investor Rights under EU Law and International Investment Law’, (2016) 17(6) The Journal of World Investment & Trade 895-918
  • M. Sattorova & A. Dimopoulos, ‘The Present and Future of EU International Investment Treaties’ (Editorial) (2012) 39(2) Legal Issues of Economic Integration 153-155
  • M. Sattorova, ‘Return to Local Remedies Rule in European BITs? Power (Inequalities), Dispute Settlement, and Change in Investment Treaty Law’ (2012) 39(2) Legal Issues of Economic Integration 223-249

UK/EU relations, including Brexit

  • S. Reynolds, ‘It’s Not Me, It’s EU: Examining the Print Media’s Approach to ‘Europe’ in Brexit Britain’, in M. Farrell, E. Drywood & E. Hughes, Human Rights in the Media: Fear and Fetish (Routledge, 2019)
  • M. Gordon, ‘Parliamentary Sovereignty and the Political Constitution(s): from Griffith to Brexit’, (2019) King’s Law Journal.
  • M. Dougan, ‘An Airbag for the Crash Test Dummies? EU-UK Negotiations for a Post-Withdrawal “Status Quo” Transitional Regime under Article 50 TEU’, (2018) Common Market Law Review
  • S. Reynolds, ‘(De)constructing the Road to Brexit: Paving the Way for Further Limitations on Free Movement and Equal Treatment?’ in D. Thym, Questioning EU Citizenship: Judges and the Limits of Free Movement and Solidarity in the EU, (Hart, 2018)
  • M. Gordon, ‘Brexit: The Relationship between the UK Parliament and the UK Government’, in M. Dougan (ed), The UK after Brexit: Legal and Policy Challenges (Intersentia, 2017)
  • M. Dougan, ‘The ‘Brexit’ Threat to the Northern irish Border: Clarifying the Constitutional Framework’, in M. Dougan (ed), The UK after Brexit: Legal and Policy Challenges (Intersentia, 2017)
  • T. Horsley, ‘Brexit and UK Courts: Awaiting Fresh Instruction’, in M. Dougan (ed), The UK after Brexit: Legal and Policy Challenges (Intersentia, 2017)
  • G. Messenger, ‘Membership of the World Trade Organization’ in M. Dougan (ed), The UK after Brexit: Legal and Policy Challenges (Intersentia, 2017)
  • S. Reynolds, ‘May We Stay? Assessing the Security of Residence for EU Citizens living in the UK’, in M. Dougan (ed), The UK after Brexit: Legal and Policy Challenges (Intersentia, 2017)
  • M. Sattorova, ‘UK Foreign Investment Protection Policy after Brexit’, in M. Dougan (ed), The UK after Brexit: Legal and Policy Challenges (Intersentia, 2017)
  • M. Gordon, ‘Brexit: a challenge for the UK constitution, of the UK constitution?’ (2016) European Constitutional Law Review 1-36
  • S. Currie, ‘Reflecting on Brexit: Migration Myths and What Comes Next for EU Migrants in the UK?, (2016) Journal of Social Welfare and Family Law
  • M. Gordon and M. Dougan, ‘The United Kingdom's European Union Act 2011: “Who Won the Bloody War Anyway?”’ (2012) 37 European Law Review 3-30

Reports and Written Evidence

  • Joint submission between EU Law@Liverpool, the Liverpool Economic Governance Unit, and the International Law and Human Rights Unit, ‘What Are the Human Rights Implications of Brexit’ (2016) (written evidence) (London: Joint Parliamentary Committee on Human Rights)
  • S. Reynolds, ‘Obstacles to the Right of Free Movement for Union Citizens and their Families: Country Report for the United Kingdom’ (2016) (Brussels: European Parliament, PETI and LIBE)
  • F. Beveridge & F. Cengiz, ‘The EU Budget for Gender Equality’, (2015) (analytical study). (Brussels: European Parliament).
  • T. Horsley, ‘Balance of Competences Review: Financial Services and the Free Movement of Capital’ (2014) (written evidence) (HM Treasury)
  • E. Drywood and H. Gray, ‘Balance of Competences Review: Asylum and Non-EU Migration’ (2014) (written evidence)
  • M. Dougan, E. Drywood, N. Ferreira, H. Gray and S. Reynolds, ‘Balance of Competences Review: Fundamental Rights’ (2014) (written evidence)
  • S. Currie, M. Dougan, N. Ferreira, S. Reynolds, ‘Balance of Competences Review: Single Market (Persons)’ (2014) (written evidence)
  • J. Organ and N. Vogiatzis, ‘Balance of Competences Review: Voting’ (2014) (written evidence)
  • M. Dougan, T. Horsley, ‘Balance of Competences Review: Single Market (Goods)’ (2013) (written evidence)
  • T. Horsley and S. Reynolds, ‘Union Citizenship: Development, Impact and Challenges: Report on the United Kingdom’ (2014) (Copenhagen: Djøf)
  • F. Cengiz, ‘Balance of Competences Review: Competition and Consumer Protection Policy’ (2013) (written evidence) (Department of Innovation Business and Skills)
  • M. Gordon and M. Dougan, House of Commons Foreign Affairs Select Committee, The Future of the European Union: UK Government Policy (2012), at FEU 15 (written evidence).
  • M. Gordon and M. Dougan, House of Commons European Scrutiny Committee, Treaty on Stability, Coordination and Governance: Impact on the Eurozone and the Rule of Law, (2012) Vol 1, HC 1817 at Ev 60 (written evidence).
  • H. Stalford, H. Sax and E. Drywood ‘Developing Indicators for the Protection, Respect and Promotion of the Rights of the Child in the European Union’ (2009) (report) (Vienna: European Fundamental Rights Agency)

Oral Evidence

  • M. Gordon, Evidence to the Political and Constitutional Reform Committee of the House of Commons, (2013)
  • M. Dougan & M. Gordon, Evidence to the Procedure Committee of the House of Commons, (2017)
  • M. Dougan, S. Reynolds & P. Shirlow, Evidence to the Northern Ireland Affairs Select Committee on the Border between Northern Ireland and the Republic of Ireland, (2016)
  • M. Dougan, S. Reynolds & N. Vogiatzis, ‘The potential implications of UK withdrawal from the European Union for the Northern Ireland/Republic of Ireland border and for trade’, British and Irish Parliamentary Assembly (2016) (presentation)
  • M. Dougan, ‘The UK’s Future Economic Relationship with the EU’, Evidence to the House of Commons Treasury Committee (2016)
  • S. Currie, M. Dougan and T. Horsley, ‘Review of the Balance of Competences Review’, Evidence to the House of Lords EU Select Committee (2015)