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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...

Front Polisario: A Step Forward in Judicial Review of International Agreements by the Court of Justice?

Insight

Abstract: In Front Polisario (judgment of 21 December 2016, case C-104/16 P, Council of the European Union v. Front Polisario [GC]), the Court of Justice was called to assess the validity of a decision that had concluded an agreement providing for reciprocal liberalisation measures on agriculture and fishery products between the EU...

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...

La Cour de justice et la mise en balance des intérêts dans le contexte de crise financière: la décision Dowling et al.

Insight

Abstract: The European Court of Justice ruled in November 2016 on a case where shareholders of a private bank were opposing the Republic of Ireland over recapitalisation measures taken by this Member State against the bank in order to obtain financial assistance from the institutions of the European Union (judgment of 8 November 2016, case C-41/15...

Careful Where You Log In. Handicaps of a Geographical Criterion

Highlight

Keywords: Tele2 – CJEU – CFREU – directive 2002/58 – serious crime – geographical criterion.
 

The present Highlight focusses on an aspect of the judgment of the Court of Justice, of 21 December 2016, Tele2 Sverige.[1] The Court decided that Art. 15...

La sentenza X. e X. della Corte di giustizia sul rilascio del visto umanitario: analisi critica di un’occasione persa

Insight

Abstract: This Insight deals with the decision of the Court of Justice, X and X v. État belge (judgment of 7 March 2017, case C-638/16 PPU [GC]), concerning the interpretation of Art. 25 of Regulation (EC) 810/2009 (the Visa Code). The Court found that the facts of the case fall outside the scope of the Visa Code and of the EU law...

La sentenza A e B c. Norvegia della Corte di Strasburgo ridimensiona la portata del principio ne bis in idem

Insight

Abstract: In A and B v. Norway (judgment of 15 November 2016, nos 24130/11 and 29758/11) the Grand Chamber of the European Court of Human Rights restricted the scope of the ne bis in idem principle. Partly relaying on its previous case law, the Court upheld that Art. 4 of the Protocol no. 7 of the European Convention of...

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...

The EU-Turkey Statement, the Treaty-Making Process and Competent Organs. Is the Statement an International Agreement?

Insight

Abstract: The EU-Turkey Statement has undergone multiple analyses regarding issues of human rights and refugee law. One of the most controversial matters among scholars is its nature as an international agreement. This insight will analyse the legal nature of this statement, on the basis of the international law of treaties, the law of international...

The Front Polisario v. Council Case: The General Court, Völkerrechtsfreundlichkeit and the External Aspect of European Integration (First Part)

Insight

Abstract: Over the last few years, the CJEU’s approach to international law has sparked a fierce debate in the literature. More recent case-law has challenged the narrative of the CJEU’s Völkerrechtsfreundlichkeit and it has called into question the EU’s carefully cultivated self-image as a global actor with an attitude of respect and...

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