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Citizenship, Coronavirus and Questions of Competence

Insight

Abstract: Restrictions on movement imposed in all Member States have necessarily resulted in a restriction of free movement rights of Union citizens, albeit in an incidental manner. These restrictions are nonetheless facilitated by the relevant provisions of primary and secondary law. This is appropriate in light of the multi-level system of...

Rethinking Solidarity in View of the Wanting Internal and External EU Law Framework Concerning Trade Measures in the Context of the COVID-19 Crisis

Insight

Abstract: The present Insight looks at the EU and the international law framework concerning trade measures in the context of the COVID-19 crisis, focusing on export restrictions. As is shown, the legal framework is fairly permissive with regard to EU Member States, but also the EU as an international actor. Taking into account economics–...

EU-Vietnam Free Trade Agreement: Insights on the Substantial and Procedural Guarantees for Labour Protection in Vietnam

Insight

Abstract: On 12 February 2020, the European Parliament gave its green light for a free trade agreement between the EU and Vietnam. After its conclusion by the Council and ratification by the Vietnamese General Assembly, it is likely to enter into force in early Summer 2020. During the long negotiation period, the project attracted criticism and...

The Issue of Data Protection in EU Trade Commitments: Cross-border Data Transfers in GATS and Bilateral Free Trade Agreements

Insight

Abstract: The rapid technological developments and the increasing data flows have not yet been addressed through global coordination. The WTO has so far played a minor role, failing to update its treaties to the new reality of digital trade. To reduce the uncertainty as to the economic and privacy-related impacts of cross-border data flows,...

Riflessioni a margine della sentenza della Corte di giustizia nel caso AMP Antarctica: un approccio più morbido a favore degli Stati membri?

Insight

Abstract: In November 2018, the Court of Justice ruled on the so-called Antarctica case (judgment of 20 November 2018, joined cases C‑626/15 e C‑659/16, Commission v. Council) on two actions of annulment brought by the Commission against Council decisions approving the submission to the Commission for the Conservation of Antarctic...

Suing the European Union in the UK: Tomanović et. al. v. the European Union et. al.

Insight

Abstract: In its judgment of 13 February 2019 in the case of Tomanović et.al. v. the European Union et.al., the English High Court of Justice dismissed several claims based on human rights violations by EULEX Kosovo. Although the High Court’s dismissal was ultimately based on the lacking incorporation of the Treaty provisions on the Common...

The Empire Strikes Back: The Council Decision Amending Protocols 1 and 4 to the EU-Morocco Association Agreement

Insight

Abstract: This Insight focuses on the newly adopted Council Decision amending Protocols 1 and 4 to the EU-Morocco Association Agreement which extends the territorial scope of the Association Agreement to expressly include Western Sahara. The purpose of this Insight is to assess the compatibility of the Council Decision with...

Front Polisario: A Step Forward in Judicial Review of International Agreements by the Court of Justice?

Insight

Abstract: In Front Polisario (judgment of 21 December 2016, case C-104/16 P, Council of the European Union v. Front Polisario [GC]), the Court of Justice was called to assess the validity of a decision that had concluded an agreement providing for reciprocal liberalisation measures on agriculture and fishery products between the EU...

Atti di forze armate e terrorismo in tempo di conflitto possono coincidere? La sentenza della Corte di giustizia nel caso A et al.

Insight

Abstract: In A et al. (judgment of 14 March 2017, case C-158/14), the Court of Justice of the EU has been called upon for a preliminary ruling concerning the interpretation and validity of a decision taken by the Council in 2006 to include the Liberation Tigers of Tamil Eelam (LTTE) in the list of terrorists in pursuance of the UN...

The EU-Turkey Statement, the Treaty-Making Process and Competent Organs. Is the Statement an International Agreement?

Insight

Abstract: The EU-Turkey Statement has undergone multiple analyses regarding issues of human rights and refugee law. One of the most controversial matters among scholars is its nature as an international agreement. This insight will analyse the legal nature of this statement, on the basis of the international law of treaties, the law of international...

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