EU Soft Law Instruments as a Tool to Tackle the COVID-19 Crisis: Looking at the “Guidance” on Public Procurement Through the Prism of Solidarity

Insight

Abstract: The European Commission has used soft law instruments to tackle the COVID-19 crisis. In so doing, it not only tried to accommodate the emergency within the flexibilities inherent in EU law, but it also assumed, along with national authorities, its own share of responsibility to respond to economic and public health issues. By taking as a...

COVID-19 Soft Law: Voluminous, Effective, Legitimate? A Research Agenda

Insight

Abstract: After the various recent crisis – financial, migration, Brexit, to name but a few – the mantra “the end of the EU is nigh” has somewhat become a common place. It is hardly surprising to see this repeated over and over again, while Europe got caught in the COVID-19 whirlwind – or the “eye of the storm” if you prefer more established quotes...

Poland Before the Court of Justice: Limitless or Limited Case Law on Art. 19 TEU?

Insight

Abstract: In 2019, the Court of Justice has ruled in an innovative case on the protection of the independence of Member States’ judiciaries. In two judgments, delivered in June and November, the Court declared that several statutes amending the organisation of the Polish judicial system infringed the second subparagraph of Art. 19, para. 1, TEU...

L’illégalité de la suspension du Parlement britannique demandée par Boris Johnson: la décision du 24 septembre 2019 rendue par la Cour suprême britannique

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Keywords: Brexit – prorogation – constitutional convention – Supreme Court – parliamentary sovereignty – parliamentary democracy.
 

“Crucially, today’s ruling confirms that we are a nation governed by the rule of law, laws that everyone, even the Prime Minister, are subject to” a déclaré Gina Miller à la sortie...

“In Between Seats”… The Conseil constitutionnel and the CETA

Insight

Abstract: On 26 July 2017, the Conseil constitutionnel ruled upon the compatibility of an EU (mixed) agreement with the French Constitution. Its decision, which concerned the EU-Canada Comprehensive Economic and Trade Agreement (CETA), clarifies, from a national constitutional law perspective, the room of manoeuvre of the national judge...

Impact of Brexit on European Company Law: A French Private International Lawyer Perspective

Insight

Abstract: Although the outcome of the Brexit remains quite uncertain, this Insight aims at contemplating, from a private international law perspective, what the consequences of Brexit, in the field of Company law, could be. From Incorporation to (possible) freedom of movement, through recognition (and its consequences), the major...

I giochi d’azzardo on-line, le raccomandazioni e il principio “soft law is no law”

Insight

Abstract: In its judgement of 20 February 2018 (case C-16/16 P, Belgium v. European Commission) the CJEU extends to recommendations its settled case-law that non-binding acts cannot be challenged before the Court of Justice. Moreover, the decision deals with the role of the Commission as institution that can perform, through...

Brexit et espace judiciaire européen

Insight

Abstract: Brexit will lead the United Kingdom to exit from the European judicial area. The different European rules, dealing with judicial competence, conflicts of laws and the recognition of judicial decisions, will not apply anymore. Legal certainty is at risk, for persons exercising free movement and for commercial exchanges. Hence the need to...

A New Consensus on the UK’s Role in Union External Action Post-Brexit: Two Wins for…?

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Keywords: Brexit – EU – UK – withdrawal – transition – trade.
 

The nature of an unfolding Brexit is that once something is put to paper everything is later flipped on its head. The Withdrawal Agreement of last week, despite its dismissal by Theresa May, appeared to represent a consensus as to what role the UK...

Between Rhetoric and Reality: 
Consensus on the UK’s Role 
in Union External Action Post-Brexit?

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Keywords: Brexit – EU – transition – external action – Draft Withdrawal Agreement – UK.
 

The EU Commission’s Draft Withdrawal Agreement (“the Agreement”)[1] prompted a strong response from Theresa May: “No UK prime minister could ever agree to it”....

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