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EU-Turkey Deal: Violation of, or Consistency with, International Law?

Insight

Abstract: This article examines whether the European Union-Turkey deal violates or adheres to international law. In particular, the article examines Turkey as a “safe third country” and seeing whether Turkey complies with the principle of non-refoulement. The article argues that the EU-Turkey deal violates international law in a number of...

Al-Dulimi and Competing Concepts of International Organizations

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Abstract: This Insight focuses on the two judgments of the European Court of Human Rights in the case Al-Dulimi and Montana Management Inc. v. Switzerland. It discusses the different approaches adopted by the European Court to deal with the responsibility of Member States of international organizations. It contends that the Court...

The EU Solution to Deal with the Dutch Referendum Result on the EU-Ukraine Association Agreement

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Keywords: EU-Ukraine cooperation – association agreement – Dutch referendum – European Council – mixed agreements – international agreements.
 

On 6 April 2016 the Dutch population was asked to be voor (in favour) or tegen (against) the act to approve the Association Agreement between the...

License to Presume: The Compatibility Between the European Convention of Human Rights and Security Council Resolutions in Al-Dulimi and Montana Management Inc v. Switzerland

Insight

Abstract: The judgment of the Grand Chamber in Al-Dulimi and Montana Management Inc. v. Switzerland can be praised as an effort to avoid contradictions between the UN Charter and the European Convention of Human Rights. It is also a reminder that UN Sanctions Committees still fail to meet fair trial standards. However, the...

Tasse ambientali sugli autoveicoli e divieto di imposizioni interne discriminatorie nella sentenza Budisan

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Abstract: In its judgment of 9 June 2016, the ECJ ruled on the consistency with Art. 110 TFEU of environmental stamp duties, the Romanian tax on pollutant emissions, with reference to fiscal neutrality as between second-hand motor vehicles imported from other Member States and similar motor vehicles available on the domestic market. The Court...

Theory and Practice of Emissions Trading in the European Union: Some Reflections on Allowance Allocation in Light of the DK Recycling Case

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Abstract: In its judgment of 22 June 2016, DK Recycling und Roheisen GmbH v. Commission, the Court of Justice ruled on an appeal brought by a German undertaking operating installations subject to the European Union Emissions Trading System (EU ETS), i.e. a “carbon market” where operators trade greenhouse gas emission allowances. At issue in...

Has the Commission Taken Too Big a Bite of the Apple?

Insight

Abstract: On 30 August 2016, the European Commission concluded that Ireland granted undue tax benefits of up to Euro 13 billion to Apple and ordered the recovery of the – allegedly – illegal State Aid. This Insight criticises the Commission’s approach in the Apple case as well as in other recent State aid cases. The Commission’s approach is...

H v. Council: Strengthening the Rule of Law in the Sphere of the CFSP, One Step at a Time

Insight

Abstract: In its judgment in the case of H v. Council et al., the Grand Chamber of the ECJ recognised the jurisdiction of the CJEU to assess the validity under EU law of a decision by the Chief of Personnel of the European Union Police Mission in Bosnia-Herzegovina (EUPM) to redeploy an Italian magistrate, seconded to the EUPM in Sarajevo,...

Changement volontaire du nom, titres nobiliaires et ordre public: l’arrêt Bogendorff von Wolffersdorff

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Abstract: In a recent ruling (judgment of 2 June 2016, case C-438/14, Bogendorff von Wolffersdorff) concerning the recognition in a Member State of the name and surname of a dual national, freely chosen in another Member State and containing a number of tokens of nobility, the Court of Justice focused on the proportionality of the...

Copyright Protection in the Digital Era: Hyperlinking and the Right of Communication to the Public. The GS Media Case

Insight

Abstract: How to reconcile the free flow of information on the internet and copyright protection? That is the fundamental issue underlying the preliminary questions referred to the CJEU in the GS Media case. After Svensson and BestWater, this case again offered an opportunity for the Court to clarify how hyperlinks to...

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