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...
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”....
Abstract: The 29 March 2017 is now set to become the historical day Art. 50 TEU was triggered for the first time ever. Equally, unprecedented negotiations, in which the United Kingdom and the European Union will settle their divorce, will follow. With the aim of proving that the UK Government has the necessary negotiating strategy, it recently...
Abstract: This Insight analyses the decisions in Miller et al. v. Secretary of State for exiting the European Union (UK High Court, judgment of 3 November 2016, [2016] EWHC 2768 (Admin); UK Supreme Court, judgment of 24 January 2017, [2017] UKSC 5) focusing on the constitutional implications of the Brexit for the United Kingdom and...
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...
Abstract: The authors offer an alternative reading of the judgment R (Miller) v. The Secretary of State for Exiting the European Union focusing on the dualistic v. monistic dichotomy which permeates the High Court’s reasoning. The authors argue that the Court strives for rendering a substantive reading of the relationship between...
Abstract: The entry into force of the Agreement on the Unified Patent Court looks nowadays even more uncertain than it did before. The Brexit has seriously impacted on the cautious optimisms believing in its possible entry into force by Spring 2017. While the ratification process keeps moving onwards – reaching in November 2016 the thirteenth...
Keywords: Brexit – UK constitutional law – Article 50 TEU – prerogative – separation of powers – treaty-making.
On 3 November 2016 the High Court decided in the case R (Miller) v. Secretary of State for Exiting the European Union[1] that the Prime Minister...
Keywords: European Union values – Arts 7 and 49 TEU – rule of law – European Commission – Poland – framework to strengthen the rule of law.
L’Union européenne est, comme le revendiquent l’art. 2 du traité sur l’Union européenne ainsi que le préambule de la Charte des droits fondamentaux, fondée sur un certain...
Keywords: European Commission – recommendation – Art. 7 TEU – EU common values – rule of law – serious and persistent breach.
Con la raccomandazione del 27 luglio 2016[1] la Commissione europea ha proseguito la propria attività rispetto alla crisi costituzionale in...
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