Abstract: The decentralized issuance of financial instruments is presently problematic under EU law. This situation will change with the entry into force of the Regulation on a pilot regime for market infrastructures based on distributed ledger technology. The Regulation provides for a regulatory sandbox – the pilot regime – that market operators...
Abstract: Over the past few years, the EU action has been increasingly focused on addressing environmental protection issues and implementing policies to fight against climate change. The ambitious environmental policy of the EU, the Green Deal being part of it, stressed the issues concerning its financing. Against this backdrop, the aim of this...
Abstract: The reaction to the climate crisis is dominated by recurring political failure and a reluctance to engage in ambitious climate action individually and publicly. Against this setting the judiciary has been called into action to address the climate crisis, adapting general principles, including fundamental rights, to the phenomenon of global...
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...
Abstract: To properly understand the various factors that have been conducive to diplomatic tensions between Spain and Morocco, following the mass arrival of migrants crossing the border of the Ceuta enclave in May 2021, we need to move the debate beyond the recurrent reference to “blackmail”. The instrumentalization of migration for political and...
Abstract: Parallel trade of pharmaceuticals is one of the most contended issues emerging from this industrial sector, which requires to strike a sensitive balance between the fundamental tenets of the internal market (particularly the free movement of goods), the Member States’ competence in regulating the prices of medicines and the conflicting...
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 –...
Abstract: In Centraal Israëlitisch Consistorie van België and Others (case C-336/19 ECLI:EU:C:2020:1031) the Court of Justice held that EU Member States are allowed to require, in the context of ritual slaughter, a reversible stunning procedure which cannot result in the animal’s death. According to the Court, Regulation 1099/2009 on the...
Abstract: The Court of Justice of the European Union is once again invited to rule on the conciliation between animal welfare and freedom of religion. Mainly relying on the lack of consensus among the Member States, the Court finds that a national legislation introducing an obligation of reversible stunning is admitted according to Regulation (EC)...
Abstract: This Insight comments the judgment of the Court of Justice in Veselības ministrija (case C-243/19 ECLI:EU:C:2020:872) with a view to highlight its contribution to the effectiveness of equality in access to healthcare within the Union. After a brief introduction and contextualization of the case, this Insight...