L’illégalité de la suspension du Parlement britannique demandée par Boris Johnson: la décision du 24 septembre 2019 rendue par la Cour suprême britannique

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Keywords: Brexit – prorogation – constitutional convention – Supreme Court – parliamentary sovereignty – parliamentary democracy.
 

“Crucially, today’s ruling confirms that we are a nation governed by the rule of law, laws that everyone, even the Prime Minister, are subject to” a déclaré Gina Miller à la sortie...

Next Step: Electing the Commission’s President

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Keywords: European elections – President of the Commission – Art. 17, para. 7, TEU – candidate – European Parliament – Council.
 

The Treaty of Lisbon has established a new process for the election of the President of the European Commission. Under art. 17, para. 7, TEU: “Taking into account the elections to the...

Suing the European Union in the UK: Tomanović et. al. v. the European Union et. al.

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Abstract: In its judgment of 13 February 2019 in the case of Tomanović et.al. v. the European Union et.al., the English High Court of Justice dismissed several claims based on human rights violations by EULEX Kosovo. Although the High Court’s dismissal was ultimately based on the lacking incorporation of the Treaty provisions on the Common...

Impact of Brexit on European Company Law: A French Private International Lawyer Perspective

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Abstract: Although the outcome of the Brexit remains quite uncertain, this Insight aims at contemplating, from a private international law perspective, what the consequences of Brexit, in the field of Company law, could be. From Incorporation to (possible) freedom of movement, through recognition (and its consequences), the major...

Il controllo della Corte di giustizia sul rispetto del principio dello Stato di diritto da parte degli Stati membri: alcune riflessioni in margine alla sentenza Associação Sindical dos Juízes Portugueses

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Abstract: The judgment in the case Associação Sindical dos Juízes Portugueses (Court of Justice, judgment of 27 February 2018, case C-64/16) offers a significant contribution to the sensitive issue of the role of the Court of Justice in monitoring the respect of the rule of law by the EU Member States. The Insight focuses on the...

Transparency of Legislative Procedures and Access to Acts of Trilogues: Case T-540/15, De Capitani v. European Parliament

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Abstract: On 22 March 2018, for the first time the General Court ruled on access to documents of trilogues (case T-540/15, De Capitani v. European Parliament). These are informal meetings between representatives of the European Parliament, the Council and the Commission, which negotiate to reach an agreement, which must subsequently be...

Brexit et espace judiciaire européen

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Abstract: Brexit will lead the United Kingdom to exit from the European judicial area. The different European rules, dealing with judicial competence, conflicts of laws and the recognition of judicial decisions, will not apply anymore. Legal certainty is at risk, for persons exercising free movement and for commercial exchanges. Hence the need to...

A New Consensus on the UK’s Role in Union External Action Post-Brexit: Two Wins for…?

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Keywords: Brexit – EU – UK – withdrawal – transition – trade.
 

The nature of an unfolding Brexit is that once something is put to paper everything is later flipped on its head. The Withdrawal Agreement of last week, despite its dismissal by Theresa May, appeared to represent a consensus as to what role the UK...

Emergency Measures Against GMOs 
Between Harmonizing and De-harmonizing
 Trends: The Case Fidenato et al.

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Abstract: This Insight comments on the preliminary ruling in the case Fidenato et al. (judgment of 13 September 2017, case C-111/16), in which the Court of Justice excluded that Member States may rely on the precautionary principle enshrined in Art. 7 of Regulation 178/2002 to adopt emergency measures against the cultivation of...

Between Rhetoric and Reality: 
Consensus on the UK’s Role 
in Union External Action Post-Brexit?

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Keywords: Brexit – EU – transition – external action – Draft Withdrawal Agreement – UK.
 

The EU Commission’s Draft Withdrawal Agreement (“the Agreement”)[1] prompted a strong response from Theresa May: “No UK prime minister could ever agree to it”....

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