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European Citizens’ Initiatives, Greek Debt and Court of Justice: The Final Chapter

Insight

Abstract: For the first time the Court of Justice – in its Grand Chamber composition – has ruled upon the registration phase of a European Citizens’ Initiative (ECI) and, consequently, on the framework of the Commission’s powers in this respect. The ECI entitled “One Million Signatures for a Europe of Solidarity” – aimed at introducing in the EU economic and monetary...

L’attesa sentenza “Taricco bis”: brevi riflessioni

Insight

Abstract: The purpose of this work is to analyze the decision of the Court of Justice in M.A.S. judgment (Court of Justice, judgment of 5 December 2017, case C-42/17, M.A.S. and M.B. [GC]), after the reference for preliminary ruling of the Italian Constitutional Court, concerning the connection between the internal principle of...

Il seguito del caso Taricco: l’Avvocato generale Bot non apre al dialogo tra Corti

Insight

Abstract: The reference of the Constitutional Court for a preliminary ruling under Art. 267 TFEU in the follow-up of the Taricco case (Court of Justice, judgment of 8 September 2015, case C-105/14, Taricco et al. [GS]) should not be read as a bold challenge to the Court of Justice’s ruling, but as an opportunity for a real dialogue...

Positioning Efler in the Current Narrative of European Citizens’ Initiatives

Insight

Abstract: Efler (General Court, judgment of 10 May 2017, case T-754/14, Efler et al. v. Commission) is the last in a stream of cases dealing with the European Citizens’ Initiative (ECI). This Insight seeks to position Efler in the current narrative of ECIs taking into account the Commission’s powers – as well as...

Recommandations à l’attention des juridictions nationales: changement et continuité

Insight

Abstract: The latest version (published on the 25 November 2016) of the recommendations of the Court of Justice of the European Union to national courts and tribunals, in relation to the initiation of preliminary ruling proceedings, is the actualisation of the former version of 2012. This new version introduces little change, in both the substance...

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...

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