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The Dark Relationship Between the Rule of Law and Liberalism. The New ECJ Decision on the Conditionality Regulation


Abstract: The recent rule of law crisis is partly due to the inertia of the European institutions regarding the implementation of the mechanism within art. 7 TEU. This is despite the variety of actions that could be taken by the EU regarding maintaining high levels of respect for the rule of law within the EU. Hence it seems that the rule of law...

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


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: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 under art...

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


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...

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


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...

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


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...

La Procura della Repubblica tra rinvio pregiudiziale ed esecuzione dell’ordine europeo di indagine penale: considerazioni relative alla causa XK


Abstract: In 1996, the Court of Justice ruled out that prosecutors could refer questions for a preliminary ruling on the grounds that their task is not to settle a dispute in complete independence but to submit it to a court by means of criminal prosecution. In case C-66/20 XK ECLI:EU:C:2021:200, the Court was asked to deal with the same...

Tackling the Climate Crisis with Counter-majoritarian Instruments: Judges Between Political Paralysis, Science, and International Law


Abstract: The climate crisis is – as far as we can see in 2021 – the greatest challenge of the 21st century. The existence of global warming as a human-made problem and the abstract need of transiting away from fossil energy sources is largely accepted. The question, however, of how to best achieve this transition is a major bone of contention –...

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


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...