Abstract: The Court of Justice recently delivered its June 2019 judgment in Commission v. Poland (24 June 2019, case C-619/18, Independence of the Supreme Court [GC]). The Court upheld the principle of effective judicial protection embodied in Art. 19 TEU, building on its previous February 2018 judgment in Associação Sindical...
Abstract: This Insight describes the content of the Proposal for a Directive on the protection of persons reporting on breaches of Union law, approved with amendments by the European Parliament and formally adopted by the Council on 7th October 2019. The Directive, which will now be formally signed and published in the...
Abstract: In the case law of the CJEU, Art. 51 of the Charter of Fundamental Rights of the European Union is often read as based on a dichotomic distinction between national rules and behaviors falling within and, respectively, outside the scope of the Charter. Only the first category of rules and behaviors shall abide by the Charter, while the...
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...
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...
Abstract: This Insight briefly analyses ten most significant untenable assumptions underlying the Court of Justice’s ruling in Tjebbes (judgment of 12 March 2019, case C-221/17 [GC]), where the Court departed from earlier case-law by essentially tolerating the annulment of EU citizenship ex lege as a result of a non-...
Abstract: Tjebbes (Court of Justice, judgment of 12 March 2019, case C-221/17 [GC]) builds on and extends the scope of a line of existing cases that has started to redefine the relationship between EU citizenship and Member State nationality. This Insight inquires on which legal grounds the Court of Justice could justify its bold...
Abstract: This Insight focuses on a – apparently overlooked – passage of the decision M.A.S and M.B. (judgment of 5 December 2017, case C-42/17 [GC], or Taricco II), referring to the Directive 2017/1371. The Court of Justice seemingly assumes that the Directive imposes to the Member States to consider criminal limitations...
