A European Way to Approach (and Limit) the Law on State Immunity? The Court of Justice in the RINA Case

Insight

Abstract: The present Insight offers an analysis of the judgment of the Court of Justice in the so-called RINA case (judgment of 7 May 2020, case C-641/18, LG and Others v. Rina and Ente Registro Navale), which deals with the (non) automatic extension of State immunity to private actors entrusted with some public functions....

Sui rapporti tra Carte e Corti: nuovi sviluppi nella ricerca di un sistema rapido ed efficace di tutela dei diritti fondamentali

Insight

Abstract: This Insight deals with the recent case-law of the Italian courts regarding the relationship between domestic and Community rules on fundamental rights, taking into account in particular the substantial and procedural problems that arise when a law is suspected to violate both the Charter of the Fundamental Rights of the EU and...

Two Faces of the Polish Supreme Court After “Reforms” of the Judiciary System in Poland: The Question of Judicial Independence and Appointments

Insight

Abstract: The present Insight compares the decisions of two chambers of the Polish Supreme Court regarding the domestic enforcement, under the terms laid down in the Polish Constitution, of a judgment of the Court of Justice, the independence of the judicial branch and the consequences of a judicial appointment. The starting point for the...

Verso una sovrapposizione tra zona SAR e giurisdizione statale?

Insight

Abstract: The Insight focuses on the impact of international human rights law and refugee law on the interpretation of the responsibility of coastal States for the coordination of rescue activities within their own SAR regions established under the SAR Convention. This analysis aims to investigate whether the interaction between these...

Poland Before the Court of Justice: Limitless or Limited Case Law on Art. 19 TEU?

Insight

Abstract: In 2019, the Court of Justice has ruled in an innovative case on the protection of the independence of Member States’ judiciaries. In two judgments, delivered in June and November, the Court declared that several statutes amending the organisation of the Polish judicial system infringed the second subparagraph of Art. 19, para. 1, TEU...

A New European Fundamental Rights Court: The German Constitutional Court on the Right to Be Forgotten

Insight

Abstract: This Insight concerns two judgments of the German Federal Constitutional Court from 6 November 2019, Right to be Forgotten I and II. The judgments present an overhaul of the Court’s own positioning within the system of EU multilevel fundamental rights adjudication and bring substantial novelties to the EU law...

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