The Company You Keep: The Court of Justice Confirms Sanctions Against Persons Associated with Zimbabwe Regime

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Keywords: restrictive measures – CFSP – Art. 29 TEU – listing criteria – persons associated with the regime – Zimbabwe.
 

On 28 July 2016, the European Court of Justice confirmed the legality of restrictive measures taken by the European Union against the former Attorney General of Zimbabwe and further 120...

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

Insight

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...

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

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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....

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 ...

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...

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...

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...

Le misure restrittive dell’Unione europea per sviamento di fondi pubblici alla luce della sentenza Azarov

Insight

Abstract: This Insight concerns a special category of EU restrictive measures: those freezing funds and economic resources of former members of the political leadership (and/or their families) of countries falling within the European Neighbourhood Policy. These measures are addressed to persons responsible for the misappropriation of state...

Swimming in a Sea of Courts: The EU’s Representation Before International Tribunals

Insight

Abstract: The judgment in case C-73/14, Council v. Commission, forms part of the saga of inter-institutional disputes arising after the entry into force of the Treaty of Lisbon in the context of EU external representation. The Court in this case, in line with Advocate General Sharpston, excludes the applicability of Art. 218, para. 9, TFEU...

The Distribution of Powers Between EU Institutions for Conducting External Affairs through Non-Binding Instruments

Insight

Abstract: The increasing tendency of the EU to resort to non-binding agreements in its external action raises the sensitive and still unclear question of the distribution of powers between EU institutions when adopting them. In light of the post-Lisbon provisions of primary law in the field of external action, this Insight attempts to clarify how to...

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