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L’effettività del cd. 'regolamento di blocco' tra coercizione straniera e libertà di impresa: la Corte di giustizia si pronuncia nel caso Bank Melli Iran

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Abstract: On 21 December 2021, the Court of Justice decided the case Bank Melli Iran v Telekom Deutschland GmbH (case C-124/20, ECLI:EU:C:2021:1035), relating to the interpretation of Regulation 2271/96 protecting against the effects of extraterritorial application of legislation adopted by a third country, better known as the “blocking...

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

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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...

The Green Deal and the Case for a Soil Health Framework Directive

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Keywords: soil – Green Deal – climate change – Framework Directive – environmental law – subsidiarity.

In its 2020 Report on the State of the Environment, the European Environment Agency highlighted the increasingly serious degradation of EU soils.[1] Soils constitute largely...

Constitutional Language and Constitutional Limits: The Court of Justice Dismisses the Challenges to the Budgetary Conditionality Regulation

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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...

Navigating Art. 218 TFEU: Third States’ Accession to International Conventions and the Position of the EU in This Respect

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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...

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

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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...

The Dark Relationship Between the Rule of Law and Liberalism. The New ECJ Decision on the Conditionality Regulation

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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...

Working Its Way Back to International Law? The General Court’s Judgments in Joined Cases T-344/19 and T-356/19 and T-279/19 Front Polisario v Council

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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...

Rule of Law Conditionality: The Long-awaited Step Towards a Solution of the Rule of Law Crisis in the European Union?

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Abstract: In December 2020, the European Parliament and the Council adopted a new piece of legislation aimed at protecting the rule of law in the Member States of the Union – the so-called rule of law Conditionality Regulation. This contribution tracks the legislative process in the run up to the new Regulation, analyses the substance and the...

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

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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...

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