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...

Latest Insights on the European Union and the European Integration

The EU-Turkey Agreement: A Controversial Attempt at Patching up a Major Problem


Abstract: On 18 March 2016 the European Union and Turkey reached an agreement aimed at solving the issue of the high numbers of migrants crossing the Mediterranean Sea from Turkey to Greece. This agreement intended to close the people-smuggling routes and reduce the number of migrants entering the EU. It focused principally on the following issues:...

On Conferral, Institutional Balance and Non-binding International Agreements: The Swiss MoU Case


Abstract: In its judgment in the Swiss MoU case, the Grand Chamber of the European Court of Justice (ECJ) annuls a European Commission decision on the signing of an addendum to a Memorandum of Understanding with Switzerland on the subject of Switzerland’s financial contributions to ensure that country’s continued access to the internal...

Trade Secrets and Whistleblower Protection in the European Union


Abstract: The recently adopted Trade Secrets Directive aims to increase incentives for cross-border innovation activities and business competitiveness in the European Union. Yet, the Directive has been controversial and criticized for failing to provide adequate safeguards for whistleblowers, i.e. individuals who expose information in the public...

The Regulation on the Provision of Emergency Support within the Union: Humanitarian Assistance and Financial Solidarity in the Refugee Crisis


Abstract: Regulation 2016/369 establishes an emergency support mechanism for the provision of humanitarian aid in response to natural or man-made disasters giving rise to severe wide-ranging humanitarian consequences within the European Union. Although its scope of application is much broader, the Regulation has been adopted as an emergency...

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


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


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


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...

Latest Highlights on the European Union

Respect des valeurs de l’Union européenne en Pologne: première application du nouveau cadre pour renforcer l’État de droit


Keywords: European Union values – Arts 7 and 49 TEU – rule of law – European Commission – Poland – framework to strengthen the rule of law.

L’Union européenne est, comme le revendiquent l’art. 2 du traité sur l’Union européenne ainsi que le préambule de la Charte des droits fondamentaux, fondée sur un certain...

Précisions sur la gestion du système européen d’échange de quotas d’émission de gaz à effet de serre


Keywords: greenhouse emission scheme – allowances – thievery – rectification decision – Kyoto Protocol – legal certainty.

Plus de dix ans après son adoption, la directive 2003/87 CE[1] du Parlement européen et du Conseil du 13 octobre 2003 établissant un système d’...

La prima volta per la procedura di controllo sul rispetto dei valori dell'Unione prevista dall'art. 7 TUE? Alcune implicazioni per l'integrazione europea


Keywords: European Commission – recommendation – Art. 7 TEU – EU common values – rule of law – serious and persistent breach.

Con la raccomandazione del 27 luglio 2016[1] la Commissione europea ha proseguito la propria attività rispetto alla crisi costituzionale in...

Illegal State Aids and Multinational Companies: The European Commission Decision on the Apple – Ireland Tax Ruling


Keywords: Apple – State aid – arm’s length principle – tax regulations – multinational companies – OECD guidelines.

In its decision of 30 August 2016 the European Commission found that Ireland granted undue tax benefits to Apple and that, as a consequence, that Member State is under the obligation to recover...

Latest Highlights on the European Integration

H. v. Council et Al. – A Minor Expansion of the CJEU’s Jurisdiction Over the CFSP


Keywords: CJEU – Common Foreign and Security Policy – seconded staff – jurisdiction – attribution – European Union Police Mission in Bosnia and Herzegovina (EUPM bih).

On 19 July 2016 the Grand Chamber of the CJEU issued its judgment in case C-455/14 P, H. v. Council et al....

Integration Through Residence Conditions? The Beneficiaries of Subsidiary Protection Confronted With the Janus-faced National Integration Policies


Keywords: integration - third country nationals - subsidiary protection - residence condition - conditionality - EU general principles.

Under the terms of Art. 79, para. 4 TFEU, integration of third country nationals legally residing in a Member State should fall under the category of complementary competences...

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


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]


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...