March 2017 | European Papers

Inter-Environnement Expanded: Another Brick Out of the Wall of EU Law Supremacy?
Insight
- 2285 views
Giulia Gentile
Abstract: In Association France Nature Environnement (judgment of 28 July 2016, case C-379/15), the Court of Justice dealt with two issues. First, is it possible for national courts to limit the effects of a judicial decision annulling national law contrary to EU law in the field of environmental protection? Second, are national courts...
European Papers, 29.03.2017 | Posted in
The Constitutional Dimension of the European Union, Judicial review
L’obbligo (flessibile) di rinvio pregiudiziale e i possibili fattori di un suo irrigidimento. Riflessioni in margine alla sentenza Association France Nature Environnement
Insight
- 8602 views
Federico Pani
Abstract: In its judgement of 28 July 2016 (case C-41/11, Inter-Environnement Wallonie e Terre wallonne), the CJEU confirmed its settled case law concerning the interpretation of Art. 267, para. 3, TFEU. Indeed, since CILFIT, the CJEU has allowed national courts of last instance to solve by themselves interpretative problems in the...
European Papers, 29.03.2017 | Posted in
The Constitutional Dimension of the European Union, Judicial review
“Clash of Titans” 2.0. From Conflicting EU General Principles to Conflicting Jurisdictional Authorities: The Court of Justice and the Danish Supreme Court in the Dansk Industri Case
Insight
- 3748 views
Elena Gualco
Abstract: The present Insight focuses on the reception by the Danish Supreme Court (judgment of 6 December 2016, no. 15/2014, DI acting for Ajos A/S v. The estate left by A.) of the Court of Justice decision in the Dansk Industri case (judgment of 19 April 2016, case C-441/14 [GC]). Instead of disapplying a national...
European Papers, 26.03.2017 | Posted in
The Constitutional Dimension of the European Union, The sources of EU law, The European Integration Through Human Rights, Human dignity, equality and non-discrimination
Mixity in EU Foreign Trade Policy Is Here to Stay: Advocate General Sharpston on the Allocation of Competence for the Conclusion of the EU-Singapore Free Trade Agreement
Insight
- 3412 views
Hannes Lenk
Abstract: It has been two decades since the Court of Justice had the chance to comprehensively assess the scope of the common commercial policy. In Opinion 2/15 on the EU-Singapore free trade agreement (FTA) the Court is now asked to determine how far the EU’s external competence stretches post-Lisbon. Ahead of the decision, AG Sharpston has...
European Papers, 26.03.2017 | Posted in
The International Dimension of European Integration, International trade law and policy
The Front Polisario v. Council Case: The General Court, Völkerrechtsfreundlichkeit and the External Aspect of European Integration (First Part)
Insight
- 5641 views
Eva Kassoti
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...
European Papers, 23.03.2017 | Posted in
The European Integration Through Human Rights, Protection of human rights in Europe, The International Dimension of European Integration, International trade law and policy
EU Law and Extradition Agreements of Member States: The Petruhhin Case
Insight
- 4087 views
Stefano Saluzzo
Abstract: The Insight analyses the recent judgment of the Court of Justice in the Aleksei Petruhhin v. Latvijas Republikas Ģenerālprokuratūra case (judgment of 6 December 2016, case C-182/15). The preliminary ruling deals with the relationship between EU law and Member States’ extradition agreements with third countries. The...
European Papers, 21.03.2017 | Posted in
The Constitutional Dimension of the European Union, The sources of EU law, Internal Market - Freedoms of Movement and Competition Law, Internal market - Economic freedoms of movement, The European Integration Through Human Rights, Protection of human rights in Europe
Denialism as the Supreme Expression of Realism – A Quick Comment on NF v. European Council
Insight
- 1737 views
Enzo Cannizzaro
Abstract: By Order of 28 February 2017 in case T-192/16, NF v. European Council, the General Court dismissed as inadmissible an action for annulment brought against the s.c. EU-Turkey deal concluded on 18 March 2016. In the view of the General Court, independently of its binding nature, the deal is to be attributed to the Member States and...
European Papers, 15.03.2017 | Posted in
The Constitutional Dimension of the European Union, The institutional system, The sources of EU law, Decision-making procedures, Judicial review, Competences, EU Policies and the Area of Freedom, Security and Justice, Visas, asylum and immigration, The International Dimension of European Integration, The external action of the European Union