Printer-friendly version

RSS

What Chimpanzees Can Teach the EU: Or Why the EU Should Embrace Sovereignty as Part of Human Nature

Insight

Abstract: This Insight makes four key claims. First, evolutionary biology and the study of chimpanzees show that social animals have an emotional need for a stable, formal hierarchy. Second, sovereignty might be understood as a highly evolved and abstract solution to fill this basic need. Third, global interdependence and European...

Sulla riformulazione dei criteri CILFIT: le Conclusioni dell’A.G. Bobek nel caso Consorzio Italian Management e Catania Multiservizi

Insight

Abstract: In its opinion of 15th April 2021 in case C-561/19, Consorzio Italian Management and Catania Multiservizi (ECLI:EU:C:2021:291) AG Bobek proposed to revise the CILFIT criteria which famously concern the duty of the National courts of last instance to request a preliminary ruling. After a brief analysis on the controversial...

The Court of Justice’s Self-restraint of Reviewing Financial Assistance Conditionality in the Chrysostomides Case

Insight

Abstract: In the Chrysostomides case (joined cases C-597/18 P, C-598/18 P, C-603/18 P and C-604/18 P Council v Chrysostomides & Co. and Others ECLI:EU:C:2020:1028), the Court of Justice (ECJ) confirmed its previous finding that the Eurogroup has only an informal and intergovernmental nature. Building on the cases Ledra...

Carta dei diritti fondamentali, applicabilità e rapporti fra giudici: la necessità di una tutela integrata

Insight

Abstract: The year 2020 marked the 20th anniversary of the proclamation of the Charter of Fundamental Rights of the European Union. It was drawn up at the end of a long process, to which the Court of Justice has contributed substantially, affirming since the seventies the obligation to protect fundamental rights in the Community. The drafting of a...

Rule of Law Conditionality: The Long-awaited Step Towards a Solution of the Rule of Law Crisis in the European Union?

Insight

Abstract: In December 2020, the European Parliament and the Council adopted a new piece of legislation aimed at protecting the rule of law in the Member States of the Union – the so-called rule of law Conditionality Regulation. This contribution tracks the legislative process in the run up to the new Regulation, analyses the substance and the...

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...

The E.E. Decision Sheds Light on Notaries Acting as 'Courts' and on a Few Other Notions Within the Context of the Succession Regulation

Insight

Abstract: The preliminary questions of the Supreme Court of Lithuania in case E.E. (C-80/19) presented a unique opportunity to provide a more detailed and comprehensive interpretation of several provisions of the Succession Regulation. Responding to them, in its judgment of 16 July 2020 the CJEU discussed the understanding of the cross-...

Defining the Boundaries of the Future Common European Asylum System with the Help of Hungary?

Insight

Abstract: In December 2020, the Grand Chamber of the CJUE has confirmed that Hungary has failed to fulfil its obligations under EU law in the area of procedures for granting international protection and returning illegally staying third-country nationals. The judgment in the case Commission v Hungary (case C-808/18 ECLI:EU:C:2020:1029) is...

Pages