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An Investment Court System for the New Generation of EU Trade and Investment Agreements: A Discussion of the Free Trade Agreement with Vietnam and the Comprehensive Economic and Trade Agreement with Canada


Abstract: The European Commission has recently concluded the negotiations on the free trade agreement between the EU and Vietnam and the Comprehensive Trade and Investment Agreement between the EU and Canada. Amongst other issues, these agreements provide for comprehensive chapters on investment, including provisions on investor-state dispute...

L’accord de libre-échange UE-Viêt Nam: une hiérarchisation des objectifs de l’action extérieure au détriment de sa cohérence?


Abstract: The recently published text of the free trade agreement (FTA) between by the European Union and Viêt Nam is a good opportunity to evaluate the consistency of EU’s external action. Indeed, as this agreement is presented as the first of a new generation of FTA ever concluded with a developing country, the overall objectives of the external...

“Clash of Titans”. General Principles of EU Law: Balancing and Horizontal Direct Effect


Abstract: More than 10 years after the first ruling on the horizontal effect of the principle of non-discrimination on grounds of age, in the Dansk Industri case (Court of Justice, judgment of 19 April 2016, Dansk Industri (DI), Acting on Behalf of Ajos A/S v. Estate of Karsten Eigil Rasmussen, case C-441/14 [GC]) the CJEU...

García Nieto: Another Restrictive Approach in the European Citizenship Case Law


Keywords: CJEU – EU citizenship – social benefits – short-term residence – economically inactive – family reunification.

On February 2016, the CJEU rendered an important judgment in, García-Nieto et al., on the limits to the right to social assistance granted to European citizens living in another...

Ancora sulla portata e gli effetti dell’art. 267 TFUE. In margine al caso Puligienica


Abstract: In its judgment of 5 April 2016, in Puligienica, the CJEU extended to the relationship between the chambers and the plenary session of the supreme administrative court of a Member State its previous case-law on the national courts’ discretion to request a preliminary ruling notwithstanding, under national legislation, they are...

DHL Express (Italy) v. Commission: Getting It Right Beats Being First


Keywords: leniency – immunity – summary application – reduction of fine – first applicant – principle of autonomy of leniency programmes.

On 20 January 2016, the Court of Justice of the European Union issued a preliminary ruling concerning the interpretation of Art. 101 TFEU, Art. 4, para. 3, TEU and Art. 11...

L’esecuzione transfrontaliera delle astreintes alla luce del regolamento (CE) 2201/2003 c.d. Bruxelles II-bis


Abstract: In its decision of 9 September 2015 in case C-4/14, Bohez v. Wiertz, the CJEU dealt with the enforcement in a Member State of a penalty payment (astreinte) imposed, under Regulation (EC) 2201/2003 on jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental...

Le misure restrittive dell’Unione europea per sviamento di fondi pubblici alla luce della sentenza Azarov


Abstract: This Insight concerns a special category of EU restrictive measures: those freezing funds and economic resources of former members of the political leadership (and/or their families) of countries falling within the European Neighbourhood Policy. These measures are addressed to persons responsible for the misappropriation of state...

La ‘tragedia’ delle frontiere europee


Abstract: International press titled: “Schengen, one of the pillars of the EU, is dead”. The European Commission establish a roadmap to “come back to Schengen”. Between national concerns about the arrival of thousands of migrants, and national fear of being left alone in managing the crisis, this Insight aims to provide an analysis of the crisis and...

Unravelling Celaj


Abstract: In the judgment of 1 October 2015 on case C-290/14, Celaj, the Court of Justice ruled that Directive 2008/115/EC, known as the Return Directive, in principle does not preclude legislation of a Member State which provides for the imposition of a prison sentence to migrants illegally staying as a result of their illegal re-entry...