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...
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...
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: For the first time the Court of Justice – in its Grand Chamber composition – has ruled upon the registration phase of a European Citizens’ Initiative (ECI) and, consequently, on the framework of the Commission’s powers in this respect. The ECI entitled “One Million Signatures for a Europe of Solidarity” – aimed at introducing in the EU economic and monetary...
Abstract: The purpose of this work is to analyze the decision of the Court of Justice in M.A.S. judgment (Court of Justice, judgment of 5 December 2017, case C-42/17, M.A.S. and M.B. [GC]), after the reference for preliminary ruling of the Italian Constitutional Court, concerning the connection between the internal principle of...
Abstract: The reference of the Constitutional Court for a preliminary ruling under Art. 267 TFEU in the follow-up of the Taricco case (Court of Justice, judgment of 8 September 2015, case C-105/14, Taricco et al. [GS]) should not be read as a bold challenge to the Court of Justice’s ruling, but as an opportunity for a real dialogue...
Abstract: Efler (General Court, judgment of 10 May 2017, case T-754/14, Efler et al. v. Commission) is the last in a stream of cases dealing with the European Citizens’ Initiative (ECI). This Insight seeks to position Efler in the current narrative of ECIs taking into account the Commission’s powers – as well as...
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: Extradition agreements between Member States and third States fall within the competence of Member States, but the ruling in Aleksei Petruhhin (Court of Justice, judgment of 6 September 2016, case C-182/15 [GC]) shows that Member States must exercise this competence in light of EU law if extradition may affect an EU citizen’s...
Abstract: On 6 December 2016, the Supreme Court of Denmark delivered its judgment in the Ajos case (no. 15/2014, DI acting for Ajos A/S v. The estate left by A.). The Danish Court surprisingly disregarded the guidelines provided by the Court of Justice in its preliminary ruling of April 19, 2016. With its decision, the Supreme...
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