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The EU Solution to Deal with the Dutch Referendum Result on the EU-Ukraine Association Agreement

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Keywords: EU-Ukraine cooperation – association agreement – Dutch referendum – European Council – mixed agreements – international agreements.
 

On 6 April 2016 the Dutch population was asked to be voor (in favour) or tegen (against) the act to approve the Association Agreement between the...

H v. Council: Strengthening the Rule of Law in the Sphere of the CFSP, One Step at a Time

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Abstract: In its judgment in the case of H v. Council et al., the Grand Chamber of the ECJ recognised the jurisdiction of the CJEU to assess the validity under EU law of a decision by the Chief of Personnel of the European Union Police Mission in Bosnia-Herzegovina (EUPM) to redeploy an Italian magistrate, seconded to the EUPM in Sarajevo,...

The Company You Keep: The Court of Justice Confirms Sanctions Against Persons Associated with Zimbabwe Regime

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Keywords: restrictive measures – CFSP – Art. 29 TEU – listing criteria – persons associated with the regime – Zimbabwe.
 

On 28 July 2016, the European Court of Justice confirmed the legality of restrictive measures taken by the European Union against the former Attorney General of Zimbabwe and further 120...

On Conferral, Institutional Balance and Non-binding International Agreements: The Swiss MoU Case

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Abstract: In its judgment in the Swiss MoU case, the Grand Chamber of the European Court of Justice (ECJ) annuls a European Commission decision on the signing of an addendum to a Memorandum of Understanding with Switzerland on the subject of Switzerland’s financial contributions to ensure that country’s continued access to the internal...

H. v. Council et Al. – A Minor Expansion of the CJEU’s Jurisdiction Over the CFSP

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Keywords: CJEU – Common Foreign and Security Policy – seconded staff – jurisdiction – attribution – European Union Police Mission in Bosnia and Herzegovina (EUPM bih).
 

On 19 July 2016 the Grand Chamber of the CJEU issued its judgment in case C-455/14 P, H. v. Council et al....

Base giuridica sostanziale e accordi “interpilier”: quale ruolo per il Parlamento europeo? Note a margine del caso Tanzania

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Abstract: It has already been made clear in case-law that a European Union measure – including a decision approving an international agreement – may have a dual substantive legal basis. This is necessary wherever the measure simultaneously pursues a number of objectives, or has several components, which are linked to each other, without one being...

Le misure restrittive dell’Unione europea per sviamento di fondi pubblici alla luce della sentenza Azarov

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Abstract: This Insight concerns a special category of EU restrictive measures: those freezing funds and economic resources of former members of the political leadership (and/or their families) of countries falling within the European Neighbourhood Policy. These measures are addressed to persons responsible for the misappropriation of state...

Swimming in a Sea of Courts: The EU’s Representation Before International Tribunals

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Abstract: The judgment in case C-73/14, Council v. Commission, forms part of the saga of inter-institutional disputes arising after the entry into force of the Treaty of Lisbon in the context of EU external representation. The Court in this case, in line with Advocate General Sharpston, excludes the applicability of Art. 218, para. 9, TFEU...

Operation Sophia Before and After UN Security Council Resolution No 2240 (2015)

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Abstract: The Insight focuses on the Political and Security Committee Decision (CFSP) 2016/118 of 20 January 2016 concerning the implementation by EUNAVFOR MED operation SOPHIA of United Nations Security Council resolution 2240 (2015). It first provides the general context starting from Operation Sophia’s founding instrument, Council Decision (CFSP...

Le implicazioni del primo ricorso alla c.d. ‘clausola di mutua assistenza’ del Trattato sull’Unione europea

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Abstract: In the aftermath of the ISIS terrorist attacks in Paris on 13 November 2015, France invoked for the first time the mutual assistance clause provided by Art. 42, para. 7, TEU, seeking for aid and assistance from other Member States in accordance with Art. 51 of the UN Charter. The attacks were qualified as an armed aggression on French...

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