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Brexit Referendum: Beginning of the End or Just a Turning Point?

News, e-Journal

The basic facts are well known by now. On 23 June 2016 the voters, by a slim majority, decided that the United Kingdom (UK) should leave the European Union. This has been a major earthquake with political and economic aftershocks going beyond the white cliffs of Dover. They are destined to continue for months, if not years. For the first time in history of the European...

Minimalist Reflections on Europe, Refugees and Law

News, e-Journal

Table of Contents: I. Stilo antico. – II. Perfect storm. – III. Tunnel. – IV. NATO. – V. Weakness. – VI. Deal. – VII. Womenandchildren.

Abstract: It is hard to understand the current developments in European refugee law without the benefit of hindsight. This paper refrains from trying to...

Call for Papers: "The reform of the rules of procedure of the EU Courts" (Conference - Milan, 16 December 2016) - Deadline: 10 August 2016

News

European Union Law Chairs of the Department of Italian and Supranational Public Law (International and EU Law Section) of the University of Milan (Italy) invites submissions of papers for a Conference on "The reform of the rules of procedure of the EU Courts" that will be held in Milan on 16 December 2016.

The Authors may propose...

Latest Insights on the European Union and the European Integration

Avotinš v. Latvia. The Uneasy Balance Between Mutual Recognition of Judgments and Protection of Fundamental Rights

Insight

Abstract: The intersections between recognition and enforcement of foreign decisions in civil and commercial matters and protection of fundamental rights have been a subject of growing interest in the recent case-law of the European Court of Human Rights. The judgment of the Grand Chamber in Avotiņš v. Latvia is especially relevant, insofar...

Corporate Human Rights Responsibility, States’ Duty to Protect and UN GPs’ National Action Plans: Some Thoughts After the UK 2016 NAP Update

Insight

Abstract: With the recent update of its 2013 National Action Plan (NAP) the UK Government has given account of the process of implementation of the 2011 UN Guiding Principles on Business and Human Rights (GPs). In particular, the UK Government has listed the achievements made and the actions taken over the past two years in this regard. This ...

Different Arguments Lead to the Same Result: The Tobacco Products Directive Is Declared Valid by the Court of Justice

Insight

Abstract: On 4 May 2016, the Court of Justice of the European Union delivered its judgment in the case Philip Morris. For the first time, the reasoning of the Court does not focus exclusively on internal market issues but, instead, includes an analysis on fundamental rights and the principles of proportionality and subsidiarity. Following...

Base giuridica sostanziale e accordi “interpilier”: quale ruolo per il Parlamento europeo? Note a margine del caso Tanzania

Insight

Abstract: It has already been made clear in case-law that a European Union measure – including a decision approving an international agreement – may have a dual substantive legal basis. This is necessary wherever the measure simultaneously pursues a number of objectives, or has several components, which are linked to each other, without one being...

L’accord de libre-échange UE-Viêt Nam: une hiérarchisation des objectifs de l’action extérieure au détriment de sa cohérence?

Insight

Abstract: The recently published text of the free trade agreement (FTA) between by the European Union and Viêt Nam is a good opportunity to evaluate the consistency of EU’s external action. Indeed, as this agreement is presented as the first of a new generation of FTA ever concluded with a developing country, the overall objectives of the external...

An Investment Court System for the New Generation of EU Trade and Investment Agreements: A Discussion of the Free Trade Agreement with Vietnam and the Comprehensive Economic and Trade Agreement with Canada

Insight

Abstract: The European Commission has recently concluded the negotiations on the free trade agreement between the EU and Vietnam and the Comprehensive Trade and Investment Agreement between the EU and Canada. Amongst other issues, these agreements provide for comprehensive chapters on investment, including provisions on investor-state dispute...

“Clash of Titans”. General Principles of EU Law: Balancing and Horizontal Direct Effect

Insight

Abstract: More than 10 years after the first ruling on the horizontal effect of the principle of non-discrimination on grounds of age, in the Dansk Industri case (Court of Justice, judgment of 19 April 2016, Dansk Industri (DI), Acting on Behalf of Ajos A/S v. Estate of Karsten Eigil Rasmussen, case C-441/14 [GC]) the CJEU...

Latest Highlights on the European Union

García Nieto: Another Restrictive Approach in the European Citizenship Case Law

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Keywords: CJEU – EU citizenship – social benefits – short-term residence – economically inactive – family reunification.
 

On February 2016, the CJEU rendered an important judgment in, García-Nieto et al., on the limits to the right to social assistance granted to European citizens living in another...

DHL Express (Italy) v. Commission: Getting It Right Beats Being First

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Keywords: leniency – immunity – summary application – reduction of fine – first applicant – principle of autonomy of leniency programmes.
 

On 20 January 2016, the Court of Justice of the European Union issued a preliminary ruling concerning the interpretation of Art. 101 TFEU, Art. 4, para. 3, TEU and Art. 11...

Treading on Whose Toes? Europol, the European Parliament and the Limits of Parliamentary Control and Accountability

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Keywords: institutional balance – foreign affairs – European Parliament – CJEU – Europol.

The recent decision of the Court of Justice Parliament v. Council (case C-363/14)[1] concerned a challenge by the European Parliament (EP), who sought the annulment of Council Implementing Decision 2014/269,[2...

La banalisation de la remise en question de l’autorité de la chose jugée d’une décision juridictionnelle nationale en matière d’aides d’État

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Keywords: State aid – res judicata – procedural autonomy – equivalence – effectiveness – legal certainty – final administrative act.
 

Dans l’affaire Klausner Holz sur renvoi du tribunal régional de Münster en Allemagne,[1] un prestataire avait obtenu en justice le maintien des effets d’un...

Latest Highlights on the European Integration

The Proposal for a New Directive on Countering Terrorism: Two Steps Forward, How Many Steps Back?

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Keywords: terrorism – foreign terrorist fighters – harmonisation of criminal offences – terrorist financing – victims – terrorist training.
 

Since the 9/11 attacks, the harmonisation of national legislations has been one of the yardsticks in the efforts made by the EU to fight terrorism. The landmark Framework...

Data Protection as a Central Issue of ECJ Policies: From Digital Rights Ireland to Data Protection Commissioner [Ireland]

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Keywords: data protection – privacy – right to be forgotten – right of access – data commissioners.
 

In a short time (from Spring 2014 to Autumn 2015) the Court of Justice of the European Union has issued ten decisions providing for the authoritative interpretation of the EU legislation in the field of personal...

The Court of Justice Considers the Commission’s US Safe Harbour Decision Invalid

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Keywords: protection of personal data – Directive 95/46/EC – Safe Harbour Decision – Charter of Fundamental Rights of the European Union – national supervisory authority.
 

The Data Protection Directive (Directive 95/46/EC)[1] provides that the transfer of personal data to a third country may...

Additional Protocol to the Council of Europe Convention on the Prevention of Terrorism

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Keywords: terrorism – foreign terrorist fighters – State cooperation – criminal offences – armed conflict.
 

The Additional Protocol to the Council of Europe Convention on the Prevention of Terrorism (the Protocol),[1] which supplements the 2005 Council of Europe Convention on the Prevention of...