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Commission c. Italie, affaire C-644/18: nouveau manquement d’Etat au regard de la directive 'qualité de l’air'

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Keywords: environment – appropriate measures – pollution – human health – infringement procedure – air quality.
 

Le 13 octobre 2018, la Commission a saisi la Cour de Justice de l’Union européenne d’un recours en manquement à l’encontre de l’Etat italien au motif de la violation de la directive 2008/50/CE, dite...

Dual Preliminarity Within the Scope of the EU Charter of Fundamental Rights in the Light of Order 182/2020 of the Italian Constitutional Court

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Abstract: The Insight discusses order 182/2020 of 30 July 2020 of the Italian Constitutional Court against the background of the latter Court’s approach to dual preliminarity inaugurated in decision 269/2017. It argues that the order confirms an expansionist trend as regards the scope of the Court’s competence in cases concerning the...

The PSPP Judgment of the German Federal Constitutional Court: Throwing Sand in the Wheels of the European Central Bank

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Abstract: After describing the measures adopted by the European Central Bank (ECB) to mitigate the crisis caused by the COVID-19 pandemic in the euro area, the Insight focusses on the repercussions of the controversial judgment adopted by the German Federal Constitutional Court (BVerfG) on 5 May 2020. It is contended that the criteria...

Sui rapporti tra Carte e Corti: nuovi sviluppi nella ricerca di un sistema rapido ed efficace di tutela dei diritti fondamentali

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Abstract: This Insight deals with the recent case-law of the Italian courts regarding the relationship between domestic and Community rules on fundamental rights, taking into account in particular the substantial and procedural problems that arise when a law is suspected to violate both the Charter of the Fundamental Rights of the EU and...

Two Faces of the Polish Supreme Court After “Reforms” of the Judiciary System in Poland: The Question of Judicial Independence and Appointments

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Abstract: The present Insight compares the decisions of two chambers of the Polish Supreme Court regarding the domestic enforcement, under the terms laid down in the Polish Constitution, of a judgment of the Court of Justice, the independence of the judicial branch and the consequences of a judicial appointment. The starting point for the...

Quand l’urgence de santé publique fait son entrée parmi les catastrophes en droit de l’UE

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Abstract: In response to the COVID-19 outbreak, EU’s reaction is mixed. It partly takes the form of a financial assistance to the Member States. Many funds are mobilized, for example the European Union Solidarity Fund which was set up to respond to major natural disasters and express European solidarity to EU countries and countries involved in...

Sugli effetti della violazione di obblighi procedurali sostanziali: in margine alla sentenza Airbnb

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Abstract: The Insight focuses on the judgement delivered by the Court of Justice on 19 December 2019 in case C-390/18, Airbnb Ireland. The analysis will be mainly conducted with a view to exploring the notion of essential procedural requirement, developed in the previous case law, and the legal consequences flowing from this notion...

A New European Fundamental Rights Court: The German Constitutional Court on the Right to Be Forgotten

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Abstract: This Insight concerns two judgments of the German Federal Constitutional Court from 6 November 2019, Right to be Forgotten I and II. The judgments present an overhaul of the Court’s own positioning within the system of EU multilevel fundamental rights adjudication and bring substantial novelties to the EU law...

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

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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...

The Tjebbes Fail

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Abstract: This Insight briefly analyses ten most significant untenable assumptions underlying the Court of Justice’s ruling in Tjebbes (judgment of 12 March 2019, case C-221/17 [GC]), where the Court departed from earlier case-law by essentially tolerating the annulment of EU citizenship ex lege as a result of a non-...

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