Printer-friendly versionSend by email
RSS

On Conferral, Institutional Balance and Non-binding International Agreements: The Swiss MoU Case

Insight

Abstract: In its judgment in the Swiss MoU case, the Grand Chamber of the European Court of Justice (ECJ) annuls a European Commission decision on the signing of an addendum to a Memorandum of Understanding with Switzerland on the subject of Switzerland’s financial contributions to ensure that country’s continued access to the internal...

H. v. Council et Al. – A Minor Expansion of the CJEU’s Jurisdiction Over the CFSP

Highlight

Keywords: CJEU – Common Foreign and Security Policy – seconded staff – jurisdiction – attribution – European Union Police Mission in Bosnia and Herzegovina (EUPM bih).
 

On 19 July 2016 the Grand Chamber of the CJEU issued its judgment in case C-455/14 P, H. v. Council et al....

Trade Secrets and Whistleblower Protection in the European Union

Insight

Abstract: The recently adopted Trade Secrets Directive aims to increase incentives for cross-border innovation activities and business competitiveness in the European Union. Yet, the Directive has been controversial and criticized for failing to provide adequate safeguards for whistleblowers, i.e. individuals who expose information in the public...

La prima volta per la procedura di controllo sul rispetto dei valori dell'Unione prevista dall'art. 7 TUE? Alcune implicazioni per l'integrazione europea

Highlight

Keywords: European Commission – recommendation – Art. 7 TEU – EU common values – rule of law – serious and persistent breach.
 

Con la raccomandazione del 27 luglio 2016[1] la Commissione europea ha proseguito la propria attività rispetto alla crisi costituzionale in...

The Regulation on the Provision of Emergency Support Within the Union: Humanitarian Assistance and Financial Solidarity in the Refugee Crisis

Insight

Abstract: Regulation 2016/369 establishes an emergency support mechanism for the provision of humanitarian aid in response to natural or man-made disasters giving rise to severe wide-ranging humanitarian consequences within the European Union. Although its scope of application is much broader, the Regulation has been adopted as an emergency...

Integration Through Residence Conditions? The Beneficiaries of Subsidiary Protection Confronted with the Janus-faced National Integration Policies

Highlight

Keywords: integration - third country nationals - subsidiary protection - residence condition - conditionality - EU general principles.
 

Under the terms of Art. 79, para. 4 TFEU, integration of third country nationals legally residing in a Member State should fall under the category of complementary competences...

Illegal State Aids and Multinational Companies: The European Commission Decision on the Apple – Ireland Tax Ruling

Highlight

Keywords: Apple – State aid – arm’s length principle – tax regulations – multinational companies – OECD guidelines.
 

In its decision of 30 August 2016 the European Commission found that Ireland granted undue tax benefits to Apple and that, as a consequence, that Member State is under the obligation to recover...

Avotinš v. Latvia. The Uneasy Balance Between Mutual Recognition of Judgments and Protection of Fundamental Rights

Insight

Abstract: The intersections between recognition and enforcement of foreign decisions in civil and commercial matters and protection of fundamental rights have been a subject of growing interest in the recent case-law of the European Court of Human Rights. The judgment of the Grand Chamber in Avotiņš v. Latvia is especially relevant, insofar...

The Proposal for a New Directive on Countering Terrorism: Two Steps Forward, How Many Steps Back?

Highlight

Keywords: terrorism – foreign terrorist fighters – harmonisation of criminal offences – terrorist financing – victims – terrorist training.
 

Since the 9/11 attacks, the harmonisation of national legislations has been one of the yardsticks in the efforts made by the EU to fight terrorism. The landmark Framework...

Corporate Human Rights Responsibility, States’ Duty to Protect and UN GPs’ National Action Plans: Some Thoughts After the UK 2016 NAP Update

Insight

Abstract: With the recent update of its 2013 National Action Plan (NAP) the UK Government has given account of the process of implementation of the 2011 UN Guiding Principles on Business and Human Rights (GPs). In particular, the UK Government has listed the achievements made and the actions taken over the past two years in this regard. This ...

Pages