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

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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

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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?

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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

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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

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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...

Operation Sophia Before and After UN Security Council Resolution No 2240 (2015)

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Abstract: The Insight focuses on the Political and Security Committee Decision (CFSP) 2016/118 of 20 January 2016 concerning the implementation by EUNAVFOR MED operation SOPHIA of United Nations Security Council resolution 2240 (2015). It first provides the general context starting from Operation Sophia’s founding instrument, Council Decision (CFSP...

Le implicazioni del primo ricorso alla c.d. ‘clausola di mutua assistenza’ del Trattato sull’Unione europea

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Abstract: In the aftermath of the ISIS terrorist attacks in Paris on 13 November 2015, France invoked for the first time the mutual assistance clause provided by Art. 42, para. 7, TEU, seeking for aid and assistance from other Member States in accordance with Art. 51 of the UN Charter. The attacks were qualified as an armed aggression on French...

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