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L’office du juge interne pour moduler les effets de l’annulation d’un acte contraire au droit de l’Union. Réflexions sur l’arrêt Association France Nature Environnement du Conseil d’Etat français

Insight

Abstract: This Insight focuses on the decision Association France Nature Environnement (judgment of 3 November 2016, n. 360212) adopted by French Conseil d’Etat on the basis of a preliminary ruling of the Court of Justice. The combined effect of the two decisions – the preliminary ruling of the Court of Justice (judgment of 28 July...

Brexit: Theresa May’s Red Lines Get Tangled up in Her Red Tape. A Commentary on the White Paper

Insight

Abstract: The 29 March 2017 is now set to become the historical day Art. 50 TEU was triggered for the first time ever. Equally, unprecedented negotiations, in which the United Kingdom and the European Union will settle their divorce, will follow. With the aim of proving that the UK Government has the necessary negotiating strategy, it recently...

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...

Protecting the Jewel in the Crown: The Ognyanov Case and the Preliminary Reference Procedure

Insight

Abstract: In Ognyanov (judgment of 5 July 2016, case C-614/14), the Court of Justice held that Bulgarian courts have to set aside a national rule aimed at protecting fundamental rights of the parties that has the effect of automatically disqualifying a court that refers questions for a preliminary ruling along with the factual and legal...

Dinamarca contraataca: el caso Ajos, un nuevo desafío para el diálogo judicial

Insight

Abstract: On 6 December 2016, the Supreme Court of Denmark delivered its judgment in the Ajos case (no. 15/2014, DI acting for Ajos A/S v. The estate left by A.). The Danish Court surprisingly disregarded the guidelines provided by the Court of Justice in its preliminary ruling of April 19, 2016. With its decision, the Supreme...

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...

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