Abstract: In its judgment of 5 April 2016, in Puligienica, the CJEU extended to the relationship between the chambers and the plenary session of the supreme administrative court of a Member State its previous case-law on the national courts’ discretion to request a preliminary ruling notwithstanding, under national legislation, they are...
Abstract: Approved at the end of an arduous legislative procedure, the reform of the Statute of the Court of Justice of the European Union both surprises and puzzles (Regulation (EU, Euratom) 2015/2422 of the European Parliament and of the Council of 16 December 2015 amending Protocol No 3). Conceived to resolve the growing overload of the General...
Abstract: In a recent ruling, the Court of Justice of the European Union has taken the opportunity to clarify what is to be understood as being a “jurisdiction” according to EU law. More specifically, this case was the occasion for the Court to determine whether or not a national referring body whose jurisdiction was considered as an alternative one...
Abstract: At the meeting of 18 and 19 February 2016, the European Council adopted a decision aimed at determining the interpretation of the “ever closer Union” clause contained in the founding Treaties and their preambles. The present Insight will deal with the effect of European Council’s decisions, and of agreements concluded in...
Keywords: institutional balance – foreign affairs – European Parliament – CJEU – Europol.
The recent decision of the Court of Justice Parliament v. Council (case C-363/14)[1] concerned a challenge by the European Parliament (EP), who sought the annulment of Council Implementing...
Keywords: State aid – res judicata – procedural autonomy – equivalence – effectiveness – legal certainty – final administrative act.
Dans l’affaire Klausner Holz sur renvoi du tribunal régional de Münster en Allemagne,[1] un prestataire avait obtenu en justice le maintien des effets...
Keywords: Outermost Regions – legal basis – application of the Treaties – derogations – scope ratione materiae.
Fra i problemi interpretativi che sorgono in relazione all’art. 349 del Trattato sul funzionamento dell’Unione europea (TFUE)[1] – disposizione che attribuisce all’Unione il potere...
Abstract: The comment focuses on three issues addressed by the ECJ in case C-363/14, European Parliament v. Council, concerning the validity of an implementing decision adopted on 6 May 2014, which amended the list of Europol’s international partners. The first issue concerns the choice of the legal basis for the decision. The second issue...
