Protecting Borders or Individual Rights? A Comparative Due Process Rights Analysis of EU and Member State Responses to ‘Weaponised’ Migration

Insight

Abstract: In recent years the EU and its Member States have claimed to be increasingly targeted by “weaponised” migration. Due to the contemporary sensitivity of migration-related issues in the EU, neighbouring states are supposedly using the threat of increased migration to force the Union’s hand in other policy areas. Below, several recent...

Schengen Reform: ‘Alternatives’ to Border Controls to Curb ‘Secondary Movements’

Insight

Abstract: A series of challenges and crises have highlighted the deficits of the ‘Schengen Αrea’ both regarding its external and internal borders. This resulted in the undermining of trust between the Member States which is essential to sustain an area free from internal borders. Thus, the EU Commission presented in December 2021 new rules to...

The Curious Incident of the ‘State Aid’ Granted by an International Arbitral Tribunal

Insight

Abstract: In case C-638/19 P Commission v European Food ECLI:EU:C:2022:50, the Grand Chamber of the Court of Justice of the European Union held that the Commission was competent to assess the compatibility of State aid granted as a consequence of an arbitral award issued against Romania by a tribunal established under a bilateral investment...

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

Insight

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...

Il commercio parallelo di farmaci tra libera circolazione delle merci e prospettive evolutive nell’ambito della nuova Strategia farmaceutica per l’Europa

Insight

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...

Tempus and Two Visions of the Required Level of Diligence in State Aid Assessment

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Keywords: State aid – preliminary examination – compatibility of aid – serious doubts – pre-notification contacts – electricity capacity market.

In the judgment in case C‑57/19 P Commission v Tempus Energy and Tempus Energy Technology,[1] the Court of Justice...

The New European Commission Decision on Standard Contractual Clauses: A System Reform?

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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...

Google Shopping and the Quest for a Legal Test for Self-preferencing Under Article 102 TFEU

Insight

Abstract: Does a dominant firm abuse its market power in violation of EU competition law and, more specifically, art. 102 TFEU if it accords more favourable treatment to its own products or services than to those of its rivals? In answering this question in the affirmative and holding that self-preferencing constitutes a novel type of abuse of...

The Court of Justice’s Sumal Judgment: Civil Liability of a Subsidiary for its Parent’s Infringement of EU Competition Law

Insight

Abstract: The judgment of the Court of Justice in the Sumal ECLI:EU:C:2021:800 case charts new territory in the application of the concept of the “economic unit” in EU competition law. In addition to the established principles regarding the liability of the economic unit for fines imposed by the European Commission, the Court has found that...

The Role of Soft-Law in Adjudicating Corporate Human Rights Abuses: Interpreting the Alien Tort Statute in the Light of the UN Guiding Principles on Business and Human Rights

Insight

Abstract: In the last years, the Alien Tort Statute (ATS) has been used as main reference for human rights litigation against corporations in the US. However, subsequent interpretation of the ATS by the US Supreme Court has progressively narrowed its scope of application, so that now it hardly can be considered as a viable legal basis for claims...

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