European Papers
Published on European Papers (https://www.europeanpapers.eu)

Home > European Forum > The impact of EU law over national law

The impact of EU law over national law

PL Holdings case: The Investor Ordered to Pay the Expropriating State's Costs, a New Consequence of Achmea

Insight
  • 2086 views
Raphaël Maurel

Abstract: In the Swedish Supreme Court's epilogue to the PL Holdings case, the expropriated company lost all its claims against Poland, which had expropriated it. Applying the case law of the Court of Justice of the European Union (CJEU) on intra-European investment arbitration, the Supreme Court did not merely invalidate the ad hoc...

European Papers, 10.02.2023 | Posted in
The Constitutional Dimension of the European Union, Competences, The impact of EU law over national law, Internal Market - Freedoms of Movement and Competition Law, Companies, EU Policies and the Area of Freedom, Security and Justice, Union Policies

The Court of Justice and the Assessment of Double Criminality Under the European Arrest Warrant Framework Decision: KL

Insight
  • 2415 views
Marta Ramat

Abstract: The Court of Justice provided a comprehensive interpretation of the dual criminality requirement under Framework Decision 2002/584/JHA when it handed down its judgment in the KL judgment (case C-168/21 Procureur général près la cour d’appel d’Angers ECLI:EU:C:2022:558). The case at hand raised three intertwined legal...

European Papers, 03.01.2023 | Posted in
The Constitutional Dimension of the European Union, The impact of EU law over national law, EU Policies and the Area of Freedom, Security and Justice, Police and judicial cooperation in criminal matters, The European Integration Through Human Rights, Protection of human rights in Europe, Justice

JY v Wiener Landesregierung: Adding Another Stone to the Case Law Built Up by the CJEU on Nationality and EU Citizenship

Insight
  • 4622 views
Ilaria Gambardella

Abstract: In case C-118/20 JY v Wiener Landesregierung ECLI:EU:C:2022:34, the Grand Chamber of the Court of Justice addressed another preliminary question regarding the relationship between nationality and EU citizenship. The case builds on the two previous cases Rottmann and Tjebbes. This time, the Court was confronted...

European Papers, 20.07.2022 | Posted in
The Constitutional Dimension of the European Union, The impact of EU law over national law, Internal Market - Freedoms of Movement and Competition Law, Internal market - Economic freedoms of movement, Citizenship, The European Integration Through Human Rights, Protection of human rights in Europe

Thelen Technopark and the Legal Effects of the Services Directive in Purely Internal and Horizontal Disputes

Insight
  • 3528 views
Justin Lindeboom

Abstract: In Thelen Technopark (ECLI:EU:C:2022:33), the Court of Justice held that art. 15 of the Services Directive cannot be invoked against a conflicting national law in a horizontal dispute, even though the Court had already definitively established the incompatibility of this national law with the Services Directive in an earlier...

European Papers, 11.06.2022 | Posted in
The Constitutional Dimension of the European Union, The sources of EU law, Judicial review, The impact of EU law over national law

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

Insight
  • 6362 views
Imelda Maher

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...

European Papers, 26.05.2022 | Posted in
The Constitutional Dimension of the European Union, The institutional system, Judicial review, The impact of EU law over national law

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

Insight
  • 13654 views
Bruno Nascimbene

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...

European Papers, 22.04.2021 | Posted in
The Constitutional Dimension of the European Union, The sources of EU law, Judicial review, The impact of EU law over national law, The European Integration Through Human Rights, Protection of human rights in Europe

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
  • 2999 views
Agne Limante

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-...

European Papers, 29.03.2021 | Posted in
The Constitutional Dimension of the European Union, Judicial review, The impact of EU law over national law, EU Policies and the Area of Freedom, Security and Justice, Judicial cooperation and private international law

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

Insight
  • 4924 views
Sarah Progin-Theuerkauf

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...

European Papers, 29.03.2021 | Posted in
The Constitutional Dimension of the European Union, The impact of EU law over national law, EU Policies and the Area of Freedom, Security and Justice, Visas, asylum and immigration

Soft Law in EU Electronic Communications Regulation: A Bulgarian Case Study

Insight
  • 3396 views
Georgi Sulev

Abstract: Soft law adopted by the European Commission is an integral part of the EU regulatory framework for electronic communications networks and services, and has always played an important role in the regulatory process. In economic regulation under the framework, the use of binding legislation is limited to prescribing general regulatory powers...

European Papers, 15.01.2021 | Posted in
The Constitutional Dimension of the European Union, The sources of EU law, The impact of EU law over national law, Internal Market - Freedoms of Movement and Competition Law, Internal market - Economic freedoms of movement

Commission c. Italie, affaire C-644/18: nouveau manquement d’Etat au regard de la directive 'qualité de l’air'

Highlight
  • 2769 views
Juliette Dudermel

Keywords: environment – appropriate measures – pollution – human health – infringement procedure – air quality.
 

Le 13 octobre 2018, la Commission a saisi la Cour de Justice de l’Union européenne d’un recours en manquement à l’encontre de l’Etat italien au motif de la violation de la directive 2008/50/CE, dite...

European Papers, 28.12.2020 | Posted in
The Constitutional Dimension of the European Union, The impact of EU law over national law, EU Policies and the Area of Freedom, Security and Justice, Union Policies
Displaying 11 - 20 (of 43 posts)

Pages

  • 1
  • 2
  • 3
  • 4
  • 5
Displaying 11 - 20 (of 43 posts)

Source URL:https://www.europeanpapers.eu/en/europeanforum/impact-eu-law-over-national-law?page=1