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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...

Associação Sindical dos Juízes Portugueses:
 The Court of Justice and Athena’s Dilemma

Insight

Abstract: This Insight comments on the recent judgment of the Court of Justice in Associação Sindical dos Juízes Portugueses (judgment of 27 February 2018, case C-64/16). The Court took advantage of this case to emphasise the potential of EU law to consolidate and defend the rule of law structures in the Member States. The Court...

It Is not Just About Investor-State Arbitration: 
A Look at Case C-284/16, Achmea BV

Insight

Abstract: In the much-awaited Achmea judgment (of 6 March 2018, case C-284/16 [GC]), the Court of Justice held that investor-state tribunals (ISTs), “such as” the one under the Netherlands-Slovakia intra-EU bilateral investment treaty (BIT) are incompatible with EU law. In this arguably short judgment, the Court of Justice consolidated its...

The First Ever Interpretative Preliminary Ruling Concerning the Validity of an International Agreement Between EU Member States: The Achmea Case

Insight

Abstract: In its judgment of 6 March 2018, in Achmea (case C-284/16 [GC]), the CJEU for the first time ruled on the validity, in light of EU law, of an international agreement between Member States. The judgment raises several important legal questions. This Insight concentrates exclusively on those related to...

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...

Emergency Measures Against GMOs 
Between Harmonizing and De-harmonizing
 Trends: The Case Fidenato et al.

Insight

Abstract: This Insight comments on the preliminary ruling in the case Fidenato et al. (judgment of 13 September 2017, case C-111/16), in which the Court of Justice excluded that Member States may rely on the precautionary principle enshrined in Art. 7 of Regulation 178/2002 to adopt emergency measures against the cultivation of...

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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