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The CILFIT Criteria Clarified and Extended for National Courts of Last Resort Under Art. 267 TFEU

Insight

Abstract: A significant judgment of the Grand Chamber of the CJEU was handed down in case C-561/19 Consorzio Italian Management e Catania Multiservizi and Catania Multiservizi ECLI:ECLI:EU:C:2021:799 (CIM) in October 2021 on the scope of discretion of national courts of last resort when deciding to make a preliminary reference...

Face aux déconvenues du contentieux climatique de l’Union européenne, les droits fondamentaux au secours du climat?

Insight

Abstract: So far, climate change litigation in the European Union has been a disappointment, since the European Court of Justice denied the admissibility of two promising cases in 2021: Sabo ECLI:EU:C:2021:24 and Carvalho ECLI:EU:T:2019:252. Nonetheless, the European human rights litigation can still play a significant role in...

Un mécanisme d’ajustement carbone aux frontières compatible avec le droit de l’OMC: une gageure

Insight

Abstract: The adoption of the EU carbon border adjustment mechanism raises several questions of compatibility with World Trade Organization (WTO) rules. Although the European Commission is presenting this measure as a “purely environmental” measure, it is, in reality, a trade defense measure that aims to protect the competitiveness of European...

An Unsettling Déjà-vu: The May 2021 Ceuta Events

Insight

Abstract: To properly understand the various factors that have been conducive to diplomatic tensions between Spain and Morocco, following the mass arrival of migrants crossing the border of the Ceuta enclave in May 2021, we need to move the debate beyond the recurrent reference to “blackmail”. The instrumentalization of migration for political and...

Il commercio parallelo di farmaci tra libera circolazione delle merci e prospettive evolutive nell’ambito della nuova Strategia farmaceutica per l’Europa

Insight

Abstract: Parallel trade of pharmaceuticals is one of the most contended issues emerging from this industrial sector, which requires to strike a sensitive balance between the fundamental tenets of the internal market (particularly the free movement of goods), the Member States’ competence in regulating the prices of medicines and the conflicting...

Leading by Example, Ideas or Coercion? The Carbon Border Adjustment Mechanism as a Case of Hybrid EU Climate Leadership

Insight

Abstract: The Carbon Border Adjustment Mechanism (CBAM) is the most recent and assertive component of EU external climate policy. Whilst the CBAM has the potential to accelerate global climate governance, by demonstrating that Parties to the Paris Agreement can combat carbon leakage by means of border measures, it could simultaneously foster...

Tempus and Two Visions of the Required Level of Diligence in State Aid Assessment

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Keywords: State aid – preliminary examination – compatibility of aid – serious doubts – pre-notification contacts – electricity capacity market.

In the judgment in case C‑57/19 P Commission v Tempus Energy and Tempus Energy Technology,[1] the Court of Justice...

Working Its Way Back to International Law? The General Court’s Judgments in Joined Cases T-344/19 and T-356/19 and T-279/19 Front Polisario v Council

Insight

Abstract: The CJEU’s approach to international law in the context of territorial disputes has generally attracted substantial criticism, both for its engagement therewith – i.e., its tendency to cherry-pick the applicable rules – and reliance thereon – i.e., its tendency to apply international rules in a dissimilar fashion to their...

Misure emergenziali al confine tra UE e Bielorussia: uno scontro tra 'titani' con gravi ripercussioni per i migranti

Insight

Abstract: The migration crisis at the EU-Belorussian border is escalating and the potential for grave human rights violations against third country-nationals stuck between the two “titans” is more and more likely to materialize. This Insight aims to provide an overview of the emergency measures that have been adopted at the national and EU...

The Nansen Passport and the EU Temporary Protection Directive: Reflections on Solidarity, Mobility Rights and the Future of Asylum in Europe

Insight

Abstract: The Temporary Protection Directive (TPD) is one of the most controversial pieces of EU legislation. Adopted back in 2001 and never implemented, it has been at the margins of EU migration and asylum policies until, on 3 March 2022, the Home Affairs Ministers of the EU27 reached an “historic agreement” on its activation. This Insight...

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