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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...

Good Contracting Authorities Can Predict the Future: A Note on Finn Frogne

Insight

Abstract: In a coherent line of case law, developed in particular in pressetext Nachrichtenagentur GmbH, the CJEU has recognised that the awarding authorities can change, under certain conditions, existing public contracts. The principles developed by this case law have been eventually incorporated in the 2014 Public Procurement package (...

La sentenza X. e X. della Corte di giustizia sul rilascio del visto umanitario: analisi critica di un’occasione persa

Insight

Abstract: This Insight deals with the decision of the Court of Justice, X and X v. État belge (judgment of 7 March 2017, case C-638/16 PPU [GC]), concerning the interpretation of Art. 25 of Regulation (EC) 810/2009 (the Visa Code). The Court found that the facts of the case fall outside the scope of the Visa Code and of the EU law...

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...

La sentenza A e B c. Norvegia della Corte di Strasburgo ridimensiona la portata del principio ne bis in idem

Insight

Abstract: In A and B v. Norway (judgment of 15 November 2016, nos 24130/11 and 29758/11) the Grand Chamber of the European Court of Human Rights restricted the scope of the ne bis in idem principle. Partly relaying on its previous case law, the Court upheld that Art. 4 of the Protocol no. 7 of the European Convention of...

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...

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...

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...

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