In the Name of the Rule of Law? CJEU Further Extends Jurisdiction in CFSP (Bank Refah Kargaran)

Insight

Abstract: In Bank Refah Kargaran (case C-134/19 P Bank Refah Kargaran v Council ECLI:EU:C:2020:793), the Court of Justice decided that it has jurisdiction to award damages for non-contractual liability incurred by the EU for harm caused by certain restrictive measures in Common foreign and security policy (CFSP) decisions. In so...

'Restrictive Measures' Under Art. 215 TFEU: Towards a Unitary Legal Regime? Brief Reflections on the Bank Refah Judgment

Insight

Abstract: In Bank Refah (judgment of 6 October 2020, case C-134/19 P) the Court of Justice provides important clarifications on the type of judicial remedies available in relation to CFSP decisions establishing restrictive measures. As in Rosneft, the Court seems to extend its jurisdiction beyond the so-called “claw-back” provision...

La sentenza Bank Refah Kargaran: l’evoluzione del controllo giurisdizionale sulla PESC

Insight

Abstract: In the Bank Refah Kargaran judgment (case C-134/19 P, judgment of 6 October 2020) the Court of Justice adds the action for damages against CFSP decisions to the list of legal remedies available to individuals targeted by EU restrictive measures. After a brief overview of the case, this Insight examines the reasoning of...

A Critical Analysis on the European Union’s Measures to Overcome the Economic Impact of the COVID-19 Pandemic

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Abstract: The EU has fast reacted in adopting a so-called Next Generation EU Recovery Plan (NGEU) and a 2021-2027 Multiannual Financial Framework (MFF) with the aim of overcoming the consequences of the disruptive COVID-19 pandemic for citizens’ health and businesses across Europe. However, there have been several political discussions during the...

A New EU Sanctions Regime Against Human Rights Violations

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Keywords: Restrictive measures – Common Foreign and Security Policy – EU smart sanctions – human rights violations – EU external action.
 

On October 19, the European Commission and the High Representative of the EU for Foreign Affairs and Security Policy, Joseph Borrell, put forward a Joint Proposal for a...

La reazione dell’Unione europea di fronte alla crisi del Mediterraneo orientale: tra misure restrittive e la proposizione di “un’agenda politica positiva” alla Turchia

Insight

Abstract: This Insight examines the EU’s reaction to the breaches of the territorial sovereignty of Cyprus and Greece by Turkey in the context of the crisis of the Eastern Mediterranean sea which developed between 2019 and 2020. The EU has reacted by adopting restrictive measures against two Turkish nationals responsible for drilling...

Between a Rock and a Hard Place: The Court of Justice’s Judgment in Case Slovenia v. Croatia

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Abstract: The Slovenia v. Croatia case (Court of Justice, judgment of 31 January 2020, case C-457/18) is a complex and politically charged one. Here, the Court of Justice was indirectly called upon to pronounce on the legal effects of an international arbitral award delimiting the territorial and maritime boundary between two Member States...

The COVID-19 Crisis and the Closure of External Borders: Another Stress-test for the Challenging Construction of Solidarity Within the EU?

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Abstract: This Insight assesses the impact of the COVID-19 pandemic on the external borders of the EU. It first presents measures enacting the EU travel ban and also their implications on the European asylum system, as implemented by Member States’ administrations. In this context, it discusses some of the challenges which emerge: these...

The European Union’s Financial Contribution to the Response to the Covid-19 Crisis: An Overview of Existing Mechanisms, Proposals Under Discussion and Open Issues

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Abstract: This Insight contains an overview of the measures through which EU institutions and organs financially contribute to the response to the Covid-19 crisis. Measures address direct support to public health and to humanitarian aid, research, and economic and social consequences of the crisis. The response is the most diverse, as it...

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

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...

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