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Aleksei Petruhhin: Extradition of EU Citizens to Third States

Insight

Abstract: Extradition agreements between Member States and third States fall within the competence of Member States, but the ruling in Aleksei Petruhhin (Court of Justice, judgment of 6 September 2016, case C-182/15 [GC]) shows that Member States must exercise this competence in light of EU law if extradition may affect an EU citizen’s...

The EU-Turkey Statement, the Treaty-Making Process and Competent Organs. Is the Statement an International Agreement?

Insight

Abstract: The EU-Turkey Statement has undergone multiple analyses regarding issues of human rights and refugee law. One of the most controversial matters among scholars is its nature as an international agreement. This insight will analyse the legal nature of this statement, on the basis of the international law of treaties, the law of international...

“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...

The Front Polisario v. Council Case: The General Court, Völkerrechtsfreundlichkeit and the External Aspect of European Integration (First Part)

Insight

Abstract: Over the last few years, the CJEU’s approach to international law has sparked a fierce debate in the literature. More recent case-law has challenged the narrative of the CJEU’s Völkerrechtsfreundlichkeit and it has called into question the EU’s carefully cultivated self-image as a global actor with an attitude of respect and...

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...

The Dogan et al. v. Turkey Case: A Missed Opportunity to Recognise Positive Obligations as Regards the Freedom of Religion

Insight

Abstract: In the Doğan et al. v. Turkey case (judgment of 26 April 2016, no. 62649/10), the Grand Chamber of the European Court of Human Rights decided on an application made by several Turkish citizens belonging to the Alevi faith. They complained not to be able to enjoy the same guarantees granted to citizens of the Sunni branch of Islam...

A New Crack in the Wall of Mutual Recognition and Mutual Trust: Ne Bis in Idem and the Notion of Final Decision Determining the Merits of the Case

Insight

Abstract: The Insight considers the case law of the Court of Justice concerning the notion of “finally disposed”, i.e. a constitutive element of the European ne bis in idem principle. In order to trigger the right not to be tried or punished twice, a national decision must be final and has to contain a sufficient determination of...

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