Abstract: In two parallel decisions delivered in February 2022, the Court of Justice has rejected the actions for annulment brought by Hungary and Poland against the new “Budgetary Conditionality Regulation”. The Court has confirmed that the institutions used the correct legal basis (art. 322(1)(a) TFEU), that the Regulation does not circumvent the...
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...
Keywords: supply of lethal arms – CFSP – European Peace Facility – Ukraine – territorial integrity – international security.
By decision of 28 February 2022,[1] the Council of the EU unanimously decided to fund (in the amount of euro 1 840 000 000, as last increased by Council...
Abstract: Setting the general procedure to be followed for the conclusion of international agreements, art. 218 TFEU allocates the powers of the different institutions involved and – compared to the pre-Lisbon legal framework – strengthens the role of the European Parliament. It is therefore with respect to this provision that the status and...
Abstract: The adoption of the EU carbon border adjustment mechanism raises several questions of compatibility with World Trade Organization (WTO) rules. Although the European Commission is presenting this measure as a “purely environmental” measure, it is, in reality, a trade defense measure that aims to protect the competitiveness of European...
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: The Carbon Border Adjustment Mechanism (CBAM) is the most recent and assertive component of EU external climate policy. Whilst the CBAM has the potential to accelerate global climate governance, by demonstrating that Parties to the Paris Agreement can combat carbon leakage by means of border measures, it could simultaneously foster...
Abstract: The migration crisis at the EU-Belorussian border is escalating and the potential for grave human rights violations against third country-nationals stuck between the two “titans” is more and more likely to materialize. This Insight aims to provide an overview of the emergency measures that have been adopted at the national and EU...
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...
Keywords: standard contractual clauses – Commission Implementing Decision - cross border data flows – personal data processing – data protection – controller and processor’s responsibility.
Standard contractual clauses (SCC) constitute one of the legal bases that under Regulation (EU) 679/2016 allow data...
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