News
- 2150 reads
The European Papers Jean Monnet Network (EP-JMN) is pleased to announce the launch of a Call for Papers in view of the upcoming ...
Judges as Narrators of the Climate Crisis? An Illustrative Analysis of the Decision of the German Constitutional Court from 24 March 2021
Insight- 6590 reads
Abstract: The reaction to the climate crisis is dominated by recurring political failure and a reluctance to engage in ambitious climate action individually and publicly. Against this setting the judiciary has been called into action to address the climate crisis, adapting general principles, including fundamental rights, to the phenomenon of global...
Jurisdiction Concerning Actions by a Legal Person for Disparaging Statements on the Internet: The Persistence of the Mosaic Approach
Insight- 10971 reads
Abstract: The author comments on a recent judgment by the Court of Justice of the European Union in Gtflix TV v DR (C-251/20 ECLI:EU:C:2021:1036), concerning jurisdiction on an action by a legal person seeking at the same time rectification and removal of disparaging statements published by a competitor on the Internet, and compensation for...
Navigating Art. 218 TFEU: Third States’ Accession to International Conventions and the Position of the EU in This Respect
Insight- 13613 reads
Abstract: Setting the general procedure to be followed for the conclusion of international agreements, art. 218 TFEU allocates the powers of the different institutions involved and – compared to the pre-Lisbon legal framework – strengthens the role of the European Parliament. It is therefore with respect to this provision that the status and...
Ernests Bernis (Appeal) and Judicial Review by the CJEU of Non-Resolution Decisions in the EU Banking Union: No Standing for the Shareholders of the Relevant Entity
Insight- 5555 reads
Abstract: With the judgment of 24 February 2022 in case C-364/20 P Bernis and Others v SRB ECLI:EU:C:2022:115, the European Court of Justice has dismissed the appeal lodged by Ernests Bernis, Oļegs Fiļs, OF Holding SIA and Cassandra Holding Company SIA (shareholders of ABLV Bank) against the order of the General Court rendered on 14 May...
Thelen Technopark and the Legal Effects of the Services Directive in Purely Internal and Horizontal Disputes
Insight- 11760 reads
Abstract: In Thelen Technopark (ECLI:EU:C:2022:33), the Court of Justice held that art. 15 of the Services Directive cannot be invoked against a conflicting national law in a horizontal dispute, even though the Court had already definitively established the incompatibility of this national law with the Services Directive in an earlier...
La “strumentalizzazione” delle persone migranti: la risposta dell’Unione europea e la reazione lituana a confronto. Un’occasione per riflettere (anche) sull’operato dell’Agenzia dell’UE per l’asilo
Insight- 4384 reads
Abstract: This Insight aims to illustrate common elements between the Lithuanian and European Union reaction following the “instrumentalisation of migrants” by Belarus. The most critical aspects with respect to national reforms and the Proposal presented by the Commission in December 2021 – ex art. 78(3) TFEU – shed light on specific issues...
The Dark Relationship Between the Rule of Law and Liberalism. The New ECJ Decision on the Conditionality Regulation
Insight- 8773 reads
Abstract: The recent rule of law crisis is partly due to the inertia of the European institutions regarding the implementation of the mechanism within art. 7 TEU. This is despite the variety of actions that could be taken by the EU regarding maintaining high levels of respect for the rule of law within the EU. Hence it seems that the rule of law...