MCEL Research

Research at MCEL in this research strand focuses on the evolving constitutional law of the European Union writ large. It deals with the state of democracy in the EU and the Member States, the growing role of the EU in protecting and promoting democracy, and addressing challenges to the rule of law, including the independence of the judiciary. In addition, special attention is given to the protection of fundamental rights in the EU, across various dimensions: the interactions between EU fundamental rights and the ECHR, the Union’s equality and anti-discrimination law and policy; the protection of the environment in its substantive and procedural dimension; access to justice in the EU; and the evolving tools available to protect fundamental rights in the European complex legal system. Across these dimensions, MCEL scholars study the ways in which the EU seeks to ensure promote common European values, while respecting national diversity, paying due regard to the complex relations between EU law and national constitutional law. MCEL’s research strand  Democracy, rule of law and fundamental rights falls under the Faculty’s research stream Values. 

• MCEL scholars who work in this field are: Rita Aroso Duarte, Elin Börjedal-Wilms, Matteo Bonelli, Monica Claes, Bruno De Witte, Eleonora Di Franco, Leticia Díez Sánchez, Nozizwe Dube, Mariolina Eliantonio, Šejla Imamović , Stevi Kitsou, Jaime Luque Lora, Alessandro Marcia, Franco Peirone, Fulvia Ristuccia, Maarten Stremler, Sarah Tas, Nora Vissers, Ellen Vos and Lisa Waddington.

Within this research strand, MCEL scholars study interactions between national and European actors, instruments and procedures, covering EU institutional law and the relationship between EU, international, and national law. Key areas of study include questions of legitimacy and accountability within Europe’s composite constitution, institutional balance, competences, and the foundational constitutional principles and doctrine, including autonomy, solidarity, mutual trust, primacy and direct effect. Special attention is given to the response of national legal systems these doctrines. The Centre also investigates questions of flexibility and differentiation between the Member States, distributional consequences of EU law, institutional transformations brought about by new modes of governance and regulation, the development of EU/national shared administration, enforcement, the urban dimension of EU law, the expansion of the role of EU agencies, and the increasing resort to soft law, with particular emphasis on accountability and judicial protection. MCEL also studies the fundamental principles of the EU’s external action, including EU enlargement and neighbourhood policy, the role of the institutions involved in this domain and new governance structures in EU external action. The research conducted by the research group Globalization & Law Network (GLaw-Net) aligns with this research strand. MCEL’s European Integration and Globalisation research strand corresponds to the Faculty’s Institutions research stream.

• MCEL scholars working in this research strand are: Guido Bellenghi, Matteo Bonelli, Monica Claes, Carlo Colombo, Alessandro Cuomo, Andreina De Leo, Bruno De Witte, Joeri De Smet, Leticia Díez Sánchez, Mariolina Eliantonio, Aida Halilovic, Susanne Jongste, Laura Kaschny, Anne Pieter van der Mei, Nikos Parthenopoulos, Danai Petropoulou Ionescu, Ruben della Pia, Andrea Ott, Rónán Riordan, Fulvia Ristuccia, Marijn van der Sluis, Ruben Tans, Sarah Tas, Lilian Tsourdi, Nora Vissers and Ellen Vos.

MCEL conducts research both in the more traditional and core areas of EU economic law and in areas of economic law dealing with the regulation of issues of modern science and high-end technologies. MCEL research engages with legal issues concerning fundamental freedoms and the question of how the European legislature and the European Courts balance economic and trade interests with non-economic interests such as the protection of health and safety, consumers or the environment. Public procurement, banking and financial regulation are specific areas of interest, as well as the evolution of EU state aid law and the development of enforcement mechanisms for EU competition law. Research at the Centre also deals with climate change and energy law. MCEL research also examines the role of science, health and environmental risks and new technologies in EU law and the reference to standards. MCEL’s research strand The Internal Market, the Environment and Health fits with the Faculty’s research stream Markets.

• MCEL scholars who work in this research strand are: Guido Bellenghi, Alessandro Cuomo, Bruno De Witte, Joeri De Smet, Leticia Díez Sánchez , Laura Kaschny, Luca Knuth, Francisca Németh-Trocado, Phedon Nicolaides, Marjan Peeters, Justine Richelle, Sarah Schoenmaekers, Liam Siry, Alex Soriou and Ellen Vos.

The enhancement of the free movement of EU citizens and the gradual development of a common migration and asylum policies have become now among the salient features of the evolution of EU law. Developments in EU free movement have redefined the outer limits of EU law and have made EU citizenship into a cornerstone of the entire integration process, directing attention to the various rights attached to this status. MCEL’s research also addresses particular issues in this domain such as cross-border access to health care and to social security benefits, and the free movement of students and other economically inactive persons. MCEL members are also actively engaged in studying the EU’s asylum and borders policy, as well as the EU’s employment law and the protection of the social rights of workers and other citizens. 

• MCEL scholars covering these themes include: Andreina De Leo, Pauline El-Khoury, Anne Pieter van der Mei, Paulin Melin, Felix Peerboom, Emma Pecqueux, Fulvia Ristuccia, Hildegard Schneider, Lilian Tsourdi and Sarah Tas.

MCEL examines how EU law responds to both established and emerging digital technologies shaping social, economic, and political relations in the Union. Research within this strand addresses legal challenges posed by digitalisation from two main perspectives: first, the profound impact of digital technologies on fundamental rights, by critically analysing, in particular, how digitalisation challenges the traditional, predominantly vertical model of fundamental rights protection, especially in contexts where private technology companies exercise significant regulatory and societal power. The Centre’s work seeks to unpack those questions not only from a doctrinal perspective, but also by examining how EU law shapes the design and deployment of digital technologies themselves. Second, MCEL research explores EU secondary legislation regulating digital technologies, such as the Digital Services Act, the Digital Markets Act, the AI Act and the Data Governance Act. This research strand also examines the growing role of soft law, standards, and governance mechanisms that seek to address the persistent gap between rapid technological innovation and regulation.

Under this research strand, MCEL closely collaborates with the Maastricht European Centre on Privacy and Cybersecurity (ECPC), the Faculty’s centre that is specialised in training and research focused on legal issues related to personal data protection and cybersecurity. MCEL’s research strand Digitalisation fits within the Faculty’s research stream Digitalisation.

• MCEL scholars working in this area are: Maja Brkan, Valentina Golunova, Herke Kranenborg, Karolina Podstawa, Rónán Riordan and Sarah Tas.