Abstract: This Insight analyses whether and to what extent the legal implication of the EU operating as an autonomous legal order can contribute to also ensuring its strategic autonomy. The way the European Court of Justice has interpreted the autonomy principle and preserves the autonomy of the EU legal order enhances the strategic...
Abstract: This Insight focuses on the EU and Member States’ initiatives to reinforce Europe’s technological sovereignty (i.e. technological leadership and independence from others (especially China)) as far as semiconductors are concerned. It explores whether it is necessary to change the current allocation of powers...
Abstract: Over the last decade, strategic autonomy has become a key tool for structuring the EU’s external action. This Insight examines the evolution of the concept in EU discourse and practice, explores its consequences on the emergence of the notion of "European sovereignty", and analyses how strategic autonomy is used to streamline both...
Abstract: This Special Focus aims at reflecting on the concepts of European technological sovereignty (ETS) and European strategic autonomy (ESA). Taking a legal perspective, it gathers the Insights of a group of scholars on highly debated issues such as the EU’s strategic autonomy, technical and digital sovereignty....
Abstract: The EU increasingly advocates a message of tech or digital sovereignty as its future, which appears to align closely with the concept of strategic autonomy. Arguably digital sovereignty has a highly differentiated understanding in the EU as opposed to the US or China. Increasingly, many suggest EU digital sovereignty in the era of the GDPR...
Abstract: The adoption of EU Regulation 2019/452 establishing a framework for the screening of foreign direct investment into the Union has been met with many reservations. While it appeared that it was becoming crucial for the EU to adopt a screening instrument in order to protect essential European interests, the mechanism that came into force in...
Abstract: EU space policy is an important field in the pursuit of EU strategic autonomy, both as regards the need to protect EU space infrastructures (and industry) from external threats and as regards the need to strengthen EU capacity to act in the space domain for security and defence purposes. However, some complexities exist in the governance...
Abstract: National autonomy in the defence industry sector is often considered key by Member States to guarantee their national security interest. However, recent developments such as the Russian military aggression against Ukraine brought the need for further integration in this domain into the spotlight. The aim of this Insight is to...
Abstract: The expression “European Technological Sovereignty” (ETS) has gained momentum in EU discourses. However, it is not defined in EU policy documents and legal acts. Although ETS is mainly connected with the functioning of the internal market, this idea is employed in an array of spheres where the EU enjoys different types of competences. This...
Keywords: Digital Markets Act – gatekeepers – information – data – contestability – fairness.
The entry into force of the Digital Markets Act (DMA) introduces a novelty into the legal lexicon.[1] A new term elbows its way into the bustling debate over the regulation of the...
In contemporary systems of human rights protection the right to an effective remedy is acquiring a prominent place. It is, indeed, the right of the rights, as no right can be qualified as such unless it is assisted by an effective remedy. The effectiveness of the remedy is thus the indispensable instrument which complements every right, regardless of its nature and rank....
Abstract: This rewriting of Keck and Mithouard (joined cases C-267/91 and C-268/91 ECLI:EU:C:1993:905) unequivocally states that the French prohibition on sale at a loss is a measure having equivalent effect, and relies to this effect on the Oosthoek line of case law. Gormley's judgment aims to closely follow...
Abstract: This rewriting of Keck and Mithouard (joined cases C-267/91 and C-268/91 ECLI:EU:C:1993:905) maintains the basic underlying philosophy of the Keck judgment but dispenses with the terminology of ‘certain selling arrangements’. Enchelmaier’s judgment squarely overturns the Sunday trading case law...
Abstract: This rewriting of Keck and Mithouard (joined cases C-267/91 and C-268/91 ECLI:EU:C:1993:905) aims to retain the "spirit" of Keck without resorting to categorising national measures into "product requirements" and "certain selling arrangements". The judgment is informed by Senn and Nussbaum’s capability...
Carnets européens a le plaisir d’annoncer que le numéro 1 du volume 8, 2023 est maintenant disponible en ligne....
Table of Contents: I. Introduction. – II. Overturning democracy in the name of the law: the use of creative compliance by EU autocratic legalists. – III. Setting the context: the Court’s ruling in Transparency of Associations. – III.1. The 2017 Transparency Law. – III.2. The Court is in session! – IV. (Almost) New actors, same old story:...
Table of Contents: I. Introduction. – II. From its commercial origin to the acquired purpose: the shifts of PNR data. – III. The EU-UK TCA and the problem of oversight in EU PNR Law. – III.1. The UK-EU TCA PNR provisions. – III.2. Operation of the TCA oversight provisions in practice. – III.3. Analysis. – IV. “Adequacy” standard for the UK-EU PNR...
Table of Contents: I. Introduction. – II. The One Health approach: main conceptual features. – III. The One Health approach in EU policy and legislation. – III.1. The One Health approach in EU policies. – III.2. The One Health approach in EU legislation. – IV. The One Health approach in the European Green Deal. – V. Concluding discussion....
Abstract: The relationship between EU law and the ECHR has undergone significant changes in recent decades. The EU has developed its own Charter of Fundamental Rights, gained powers to promote specific fundamental rights, and negotiations for EU accession to the ECHR are ongoing. These evolving parameters strengthen the interactions between the EU...
Table of Contents: I. Introduction. – II. Post-Charter situation at first glance. – III. Post-Charter situation: second thoughts. – III.1. Autonomy (first). – III.2. Legitimacy (when needed). – IV. Conclusion: what about the standard of protection?
Abstract: Whilst the ECtHR’s case-law has occupied...
Table of Contents: I. Convention control over the application of Union law by domestic courts. – I.1 The principle. – I.2. Applications. – II. The case for a wholistic approach to fundamental rights: state of the play. – II.1. The European Court of Human Rights. – II.2. The Court of Justice of the European Union. – III. Conclusion....
Abstract: This preface to the new series What ... Should Have Said: Rewriting Landmark Judgments of the European Court of Justice introduces the project and its rationale. Legal scholars typically critically analyse court judgments so as to provide a "soft power based" check on judicial reasoning and provide doctrinal and normative guidance...
Abstract: The European Court of Justice's judgment in Keck and Mithouard (joined cases C-267/91 and C-268/91 ECLI:EU:C:1993:905) is one of the crucial judgments in the development of the free movement of goods, and EU internal market law more generally. Keck generated a vast number of scholarly commentaries. Its legacy has...
Abstract: This rewriting of Keck and Mithouard (joined cases C-267/91 and C-268/91 ECLI:EU:C:1993:905) is based on three categories of measures having equivalent effect: 1) national measures which disadvantage imported goods, 2) product requirements and 3) indistinctly applicable measures capable of...
Abstract: Lithuania, Latvia, and Poland have amended their legislation to respond to the increased migration flows caused by the policies of instrumentalisation of migrants implemented by the Belarusian government. This Insight illustrates these responses and shows how these EU Member States instrumentalised border tensions with Belarus to...
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