All Outputs (7)

The President of the European Commission and the Power to Request a Commissioner's Resignation (2024)
Journal Article
Cotter, J., & Butler, G. (2024). The President of the European Commission and the Power to Request a Commissioner's Resignation. Common Market Law Review, 61(3), 593 – 622. https://doi.org/10.54648/cola2024044

Article 17(6) TEU provides that a Commissioner "shall resign if the [Commission] President so requests". This terminology appears absolute and suggests that the President's power to (essentially) dismiss a Commissioner summarily is one related to con... Read More about The President of the European Commission and the Power to Request a Commissioner's Resignation.

Impeachment: contention, neglect, and ways forward (2024)
Journal Article
Cotter, J. (in press). Impeachment: contention, neglect, and ways forward. International Journal of Constitutional Law,

Broberg and Fenger on Preliminary References to the European Court of Justice, 3rd edn (2022)
Journal Article
Cotter, J. (2022). Broberg and Fenger on Preliminary References to the European Court of Justice, 3rd edn. European Law Review, 586 - 588

To Everything There is a Season: Instrumentalising Article 10 TEU to Exclude Undemocratic Member State Representatives from the European Council and the Council (2022)
Journal Article
Cotter, J. (2022). To Everything There is a Season: Instrumentalising Article 10 TEU to Exclude Undemocratic Member State Representatives from the European Council and the Council. European Law Review, 47(1), 69-84. https://doi.org/10.2139/ssrn.4032080

This paper presents the argument that art. 10 TEU could be utilised to confront the problem of undemocratic Member State representatives in the European Council and the Council. First, it is contended that art. 10(2) TEU, read with the principle of r... Read More about To Everything There is a Season: Instrumentalising Article 10 TEU to Exclude Undemocratic Member State Representatives from the European Council and the Council.

Just Say No! Appeals Against Orders for a Preliminary Reference (2020)
Journal Article
Cotter, J. (2020). Just Say No! Appeals Against Orders for a Preliminary Reference. European Public Law, 26(3), 615-642. https://doi.org/10.54648/euro2020058

Can an order for a preliminary reference to the Court of Justice of the European Union (the Court), made by a lower instance national court, be subject to an appeal to a higher instance national court? To date, the Court has not been sufficiently cle... Read More about Just Say No! Appeals Against Orders for a Preliminary Reference.

When the Court can Reverse its Decision (2014)
Journal Article
Cotter, J. (2014). When the Court can Reverse its Decision

It is a long established principle that a court has jurisdiction to reverse its decision at any time until the order is perfected, but not afterwards.1 Until early 2013, the courts of England and Wales had taken a restrictive approach in identifying... Read More about When the Court can Reverse its Decision.

The German Federal Constitutional Court and welfare benefits for asylum seekers: Consequences for the direct provision and dispersal scheme in Ireland? (2013)
Journal Article
Cotter. (2013). The German Federal Constitutional Court and welfare benefits for asylum seekers: Consequences for the direct provision and dispersal scheme in Ireland?