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New Clarifications on Ending the Union Citizen’s Right of Residence: The Grand Chamber Decisions of the European Court of Justice of 22 June 2021 in C-718/19 and C-719/19

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Abstract: In two Grand Chamber decisions of 22 June 2021 (case C-718/19 Ordre des barreaux francophones and germanophone and Others ECLI:EU:C:2021:505; and case C-719/19 Staatssecretaris van Justitie en Veiligheid ECLI:EU:C:2021:506), the European Court of Justice (ECJ) delivered new clarifications on ending the Union citizen’s...

Politica dei visti e stato di diritto: il difficile equilibrio tra sovranità e garanzie procedurali nella giurisprudenza della Corte di giustizia

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Abstract: Third country nationals are in a “weak” position when it comes to issuing a uniform Schengen short-term visa. The EU acquis on visas, and most notably the Visa Code, is still a domain strongly marked by State sovereignty, wide margin of appreciation and scarce transparency in the decision-making process. The EU Court of Justice...

Case Prokuratuur: Proportionality and the Independence of Authorities in Data Retention

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Abstract: Records of electronic communication metadata allow detailed conclusions about habits of daily life, such as places of residence, activities carried out, or social relations. This data can therefore be useful in criminal investigations. The CJEU elaborated in case Prokuratuur (case C-746/18 ECLI:EU:C:2021:152) on the conditions of...

Generalstaatsanwaltschaft Berlin: A Further Development of Extradition Rules of Union Citizens to Third Countries

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Abstract: Case C-398/19 Generalstaatsanwaltschaft Berlin (Extradition vers l'Ukraine) introduces relevant developments to the case-law on extradition of Union citizens to third countries. The Court of Justice establishes that the rules defined in its previous case-law apply to a Union citizen who has acquired the nationality of a Member...

The Application of Art. 10 of Brussels II-Bis to Children Abducted Out of the EU: The Last UK Reference on Family Law?

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Abstract: Upon probably the last reference from the UK on Family Law, in SS (case C-603/20 PPU ECLI:EU:C:2021:231) the CJEU was asked to rule, on the application of art. 10 of Brussels II-bis where a child, formerly habitually resident in a Member State, is abducted to and becomes resident in a third State. This Insight....

The Court of Justice’s Self-restraint of Reviewing Financial Assistance Conditionality in the Chrysostomides Case

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Abstract: In the Chrysostomides case (joined cases C-597/18 P, C-598/18 P, C-603/18 P and C-604/18 P Council v Chrysostomides & Co. and Others ECLI:EU:C:2020:1028), the Court of Justice (ECJ) confirmed its previous finding that the Eurogroup has only an informal and intergovernmental nature. Building on the cases Ledra...

Does Stand-by Time Count as Working Time? The Court of Justice Gives Guidance in DJ v Radiotelevizija Slovenija and RJ v Stadt Offenbach am Main

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Keywords: working time – Court of Justice – stand-by time – rest period – Working Time Directive – health and safety.
 

On 9 March 2021, the Grand Chamber of the Court of Justice of the European Union (CJEU) added two judgments to a long line of case law interpreting the meaning of “working time” under art. 2 of...

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

Insight

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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