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European Forum Call for Papers: Special Focus on 'The Russian War Against Ukraine and the Law of the European Union'

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After only a few weeks, it has become clear that the war waged by the Russian Federation against Ukraine is reshaping not only the landscape of international relations, but also the European Union. Beyond the tragic devastation, suffering and loss of human life, legal questions abound. Other fora have extensively focused on the international law aspects of this severe crisis...

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Latest Insights and Highlights on the European Union and the European Integration

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Decentralized Finance and EU Law: The Regulation on a Pilot Regime for Market Infrastructures Based on Distributed Ledger Technology

Insight

Abstract: The decentralized issuance of financial instruments is presently problematic under EU law. This situation will change with the entry into force of the Regulation on a pilot regime for market infrastructures based on distributed ledger technology. The Regulation provides for a regulatory sandbox – the pilot regime – that market operators...

Protecting Borders or Individual Rights? A Comparative Due Process Rights Analysis of EU and Member State Responses to ‘Weaponised’ Migration

Insight

Abstract: In recent years the EU and its Member States have claimed to be increasingly targeted by “weaponised” migration. Due to the contemporary sensitivity of migration-related issues in the EU, neighbouring states are supposedly using the threat of increased migration to force the Union’s hand in other policy areas. Below, several recent...

Schengen Reform: ‘Alternatives’ to Border Controls to Curb ‘Secondary Movements’

Insight

Abstract: A series of challenges and crises have highlighted the deficits of the ‘Schengen Αrea’ both regarding its external and internal borders. This resulted in the undermining of trust between the Member States which is essential to sustain an area free from internal borders. Thus, the EU Commission presented in December 2021 new rules to...

L’effettività del cd. 'regolamento di blocco' tra coercizione straniera e libertà di impresa: la Corte di giustizia si pronuncia nel caso Bank Melli Iran

Insight

Abstract: On 21 December 2021, the Court of Justice decided the case Bank Melli Iran v Telekom Deutschland GmbH (case C-124/20, ECLI:EU:C:2021:1035), relating to the interpretation of Regulation 2271/96 protecting against the effects of extraterritorial application of legislation adopted by a third country, better known as the “blocking...

The Curious Incident of the ‘State Aid’ Granted by an International Arbitral Tribunal

Insight

Abstract: In case C-638/19 P Commission v European Food ECLI:EU:C:2022:50, the Grand Chamber of the Court of Justice of the European Union held that the Commission was competent to assess the compatibility of State aid granted as a consequence of an arbitral award issued against Romania by a tribunal established under a bilateral investment...

Le deroghe alla direttiva rimpatri all'ombra del Patto: strumentalizzazione dei migranti e riforma del meccanismo di valutazione e monitoraggio di Schengen

Insight

Abstract: Art. 2(2)(a) of the Directive 2008/115/EC (Return Directive) provides the conditions whereby the Member States can derogate from some provisions of the directive itself. An amendment to remove this clause is under discussion before the European Parliament, as part of the negotiations on the directive’s recast. Derogations from the scope of...

The Green Deal and the Case for a Soil Health Framework Directive

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Keywords: soil – Green Deal – climate change – Framework Directive – environmental law – subsidiarity.

In its 2020 Report on the State of the Environment, the European Environment Agency highlighted the increasingly serious degradation of EU soils.[1] Soils constitute largely...

Constitutional Language and Constitutional Limits: The Court of Justice Dismisses the Challenges to the Budgetary Conditionality Regulation

Insight

Abstract: In two parallel decisions delivered in February 2022, the Court of Justice has rejected the actions for annulment brought by Hungary and Poland against the new “Budgetary Conditionality Regulation”. The Court has confirmed that the institutions used the correct legal basis (art. 322(1)(a) TFEU), that the Regulation does not circumvent the...

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