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El Sistema Constitucional de la Unión Europea en Liza: Recapitulando el Caso Miller

Insight

Abstract: This Insight analyses the decisions in Miller et al. v. Secretary of State for exiting the European Union (UK High Court, judgment of 3 November 2016, [2016] EWHC 2768 (Admin); UK Supreme Court, judgment of 24 January 2017, [2017] UKSC 5) focusing on the constitutional implications of the Brexit for the United Kingdom and...

A Question of Jurisdiction: Art. 267 TFEU Preliminary References of a CFSP Nature

Insight

Abstract: Can the Court of Justice of the European Union assert jurisdiction and provide a national court with an interpretation of Union law in a case referred to it from a national court under an Art. 267 TFEU preliminary reference, when the subject matter is in regard to the Common Foreign and Security Policy (CFSP)? This was one of a number of...

Inter-Environnement Expanded: Another Brick Out of the Wall of EU Law Supremacy?

Insight

Abstract: In Association France Nature Environnement (judgment of 28 July 2016, case C-379/15), the Court of Justice dealt with two issues. First, is it possible for national courts to limit the effects of a judicial decision annulling national law contrary to EU law in the field of environmental protection? Second, are national courts...

L’obbligo (flessibile) di rinvio pregiudiziale e i possibili fattori di un suo irrigidimento. Riflessioni in margine alla sentenza Association France Nature Environnement

Insight

Abstract: In its judgement of 28 July 2016 (case C-41/11, Inter-Environnement Wallonie e Terre wallonne), the CJEU confirmed its settled case law concerning the interpretation of Art. 267, para. 3, TFEU. Indeed, since CILFIT, the CJEU has allowed national courts of last instance to solve by themselves interpretative problems in the...

“Clash of Titans” 2.0. From Conflicting EU General Principles to Conflicting Jurisdictional Authorities: The Court of Justice and the Danish Supreme Court in the Dansk Industri Case

Insight

Abstract: The present Insight focuses on the reception by the Danish Supreme Court (judgment of 6 December 2016, no. 15/2014, DI acting for Ajos A/S v. The estate left by A.) of the Court of Justice decision in the Dansk Industri case (judgment of 19 April 2016, case C-441/14 [GC]). Instead of disapplying a national...

EU Law and Extradition Agreements of Member States: The Petruhhin Case

Insight

Abstract: The Insight analyses the recent judgment of the Court of Justice in the Aleksei Petruhhin v. Latvijas Republikas Ģenerālprokuratūra case (judgment of 6 December 2016, case C-182/15). The preliminary ruling deals with the relationship between EU law and Member States’ extradition agreements with third countries. The...

Denialism as the Supreme Expression of Realism – A Quick Comment on NF v. European Council

Insight

Abstract: By Order of 28 February 2017 in case T-192/16, NF v. European Council, the General Court dismissed as inadmissible an action for annulment brought against the s.c. EU-Turkey deal concluded on 18 March 2016. In the view of the General Court, independently of its binding nature, the deal is to be attributed to the Member States and...

A Br-Exit Strategy: Questioning Dualism in the Decision R (Miller) v. The Secretary of State for Exiting the European Union

Insight

Abstract: The authors offer an alternative reading of the judgment R (Miller) v. The Secretary of State for Exiting the European Union focusing on the dualistic v. monistic dichotomy which permeates the High Court’s reasoning. The authors argue that the Court strives for rendering a substantive reading of the relationship between...

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