June 2020 | European Papers

A European Way to Approach (and Limit) the Law on State Immunity? The Court of Justice in the RINA Case

Insight
Andrea Spagnolo
Abstract: The present Insight offers an analysis of the judgment of the Court of Justice in the so-called RINA case (judgment of 7 May 2020, case C-641/18, LG and Others v. Rina and Ente Registro Navale), which deals with the (non) automatic extension of State immunity to private actors entrusted with some public functions....

European Papers, 29.06.2020 | Posted in
The European Integration Through Human Rights, Protection of human rights in Europe, Human dignity, equality and non-discrimination
The PSPP Judgment of the German Federal Constitutional Court: Throwing Sand in the Wheels of the European Central Bank

Insight
Annamaria Viterbo
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...

European Papers, 26.06.2020 | Posted in
The Constitutional Dimension of the European Union, Competences, The impact of EU law over national law, EU Policies and the Area of Freedom, Security and Justice, Union Policies, Economic and monetary union
Sui rapporti tra Carte e Corti: nuovi sviluppi nella ricerca di un sistema rapido ed efficace di tutela dei diritti fondamentali

Insight
Roberto Mastroianni
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...

European Papers, 19.06.2020 | Posted in
The Constitutional Dimension of the European Union, Judicial review, The impact of EU law over national law, The European Integration Through Human Rights, Protection of human rights in Europe
Diritti dei passeggeri nel mercato aereo tra libera concorrenza e trasparenza tariffaria: brevi note a margine del caso Ryanair c. AGCM

Highlight
Alberto Rampanelli
Keywords: internal market – competition law – unfair commercial practices – pricing policies – additional charges – transparency.

Con la sentenza Ryanair Ltd. c. AGCM,[1] depositata lo scorso 23 aprile 2020, la Corte di giustizia è intervenuta sulle...

European Papers, 13.06.2020 | Posted in
Internal Market - Freedoms of Movement and Competition Law, Competition and the private sector, EU Policies and the Area of Freedom, Security and Justice, Union Policies, The European Integration Through Human Rights, Solidarity and economic and social rights
Filtrage des investissements directs étrangers dans l’UE et COVID-19: vers une politique commune d’investissement fondée sur la sécurité de l’Union

Insight
Sabrina Robert-Cuendet
Abstract: This Insight examines the EU’s response to foreign direct investment in the context of the COVID-19 pandemic. The crisis has revealed the increased risk of attempts to acquire EU healthcare capabilities or EU strategic industries via foreign direct investments (FDI). As positive law stands, EU Member States are responsible for...

European Papers, 13.06.2020 | Posted in
The Constitutional Dimension of the European Union, Competences, The International Dimension of European Integration, Economic, financial and social integration
Lifting the Veil: COVID-19 and the Need to Re-consider Airline Regulation

Insight
Francesco Munari
Abstract: Based on the assumption that the COVID-19 pandemic might provide the occasion to re-think the role of aircraft passenger transportation, this Insight advocates a re-evaluation of the market models developed over the past decades to deregulate the airline industry. The first aspect on which the Insight focuses is the...

European Papers, 03.06.2020 | Posted in
Internal Market - Freedoms of Movement and Competition Law, Competition and the private sector, Competition and the public sector, EU Policies and the Area of Freedom, Security and Justice, Union Policies
COVID-19 Soft Law: Voluminous, Effective, Legitimate? A Research Agenda

Insight
Oana Stefan
Abstract: After the various recent crisis – financial, migration, Brexit, to name but a few – the mantra “the end of the EU is nigh” has somewhat become a common place. It is hardly surprising to see this repeated over and over again, while Europe got caught in the COVID-19 whirlwind – or the “eye of the storm” if you prefer more established quotes...

European Papers, 03.06.2020 | Posted in
The Constitutional Dimension of the European Union, The sources of EU law
Two Faces of the Polish Supreme Court After “Reforms” of the Judiciary System in Poland: The Question of Judicial Independence and Appointments

Insight
Michał Ziółkowski
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...

European Papers, 02.06.2020 | Posted in
The Constitutional Dimension of the European Union, The impact of EU law over national law, The European Integration Through Human Rights, Protection of human rights in Europe