Printer-friendly version
RSS

Cities’ Legal Actions in the EU: Towards a Stronger Urban Power?

Insight

Abstract: The case discussed is an example of how cities can have an independent role in EU governance. In 2016, the cities of Madrid, Brussels and Paris brought actions before the General Court (Art. 263 TFEU), asking for the annulment of Regulation 646/2016, as regards emissions from Euro 6 vehicles. De facto, the Commission changed the...

The Rule of Law Crisis Deepens in Poland after A.K. v. Krajowa Rada Sadownictwa and CP, DO v. Sad Najwyzszy

Insight

Abstract: The Insight analyses the recent judgment of the Court of Justice in joined cases C-585/18, C-624/18 and C-625/1, A.K. v. Krajowa Rada Sądownictwa and CP, DO v. Sąd Najwyższy, hereafter A.K. and Others. The ruling has had considerable impact on the crisis of the rule of law in Poland and the note evaluates its...

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

Highlight

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...

L’affaire Indépendance de la Cour suprême devant la Cour de justice: réflexions sur “l’indispensable liberté des juges”

Insight

Abstract: The Court of Justice recently delivered its June 2019 judgment in Commission v. Poland (24 June 2019, case C-619/18, Independence of the Supreme Court [GC]). The Court upheld the principle of effective judicial protection embodied in Art. 19 TEU, building on its previous February 2018 judgment in Associação Sindical...

Towards Common Minimum Standards for Whistleblower Protection Across the EU

Insight

Abstract: This Insight describes the content of the Proposal for a Directive on the protection of persons reporting on breaches of Union law, approved with amendments by the European Parliament and formally adopted by the Council on 7th October 2019. The Directive, which will now be formally signed and published in the...

Effetti indiretti della Carta dei diritti fondamentali? In margine alla sentenza Commissione c. Polonia (Indépendance de la Cour suprême)

Insight

Abstract: In the case law of the CJEU, Art. 51 of the Charter of Fundamental Rights of the European Union is often read as based on a dichotomic distinction between national rules and behaviors falling within and, respectively, outside the scope of the Charter. Only the first category of rules and behaviors shall abide by the Charter, while the...

Next Step: Electing the Commission’s President

Highlight

Keywords: European elections – President of the Commission – Art. 17, para. 7, TEU – candidate – European Parliament – Council.
 

The Treaty of Lisbon has established a new process for the election of the President of the European Commission. Under art. 17, para. 7, TEU: “Taking into account the elections to the...

Suing the European Union in the UK: Tomanović et. al. v. the European Union et. al.

Insight

Abstract: In its judgment of 13 February 2019 in the case of Tomanović et.al. v. the European Union et.al., the English High Court of Justice dismissed several claims based on human rights violations by EULEX Kosovo. Although the High Court’s dismissal was ultimately based on the lacking incorporation of the Treaty provisions on the Common...

Páginas