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La Corte costituzionale chiude la “saga Taricco”: tra riserva di legge, opposizione de facto del controlimite e implicita negazione dell’effetto diretto

Insight

Abstract: This Insight focuses on the recent ruling delivered by the Italian Constitutional Court (ICC) on April 10th 2018, n. 115 (which has been lodged on May 31st 2018), on the so called Taricco affair. The author submits three main arguments. The first is that the ICC, by explicitly rejecting the possible...

Transparency of Legislative Procedures and Access to Acts of Trilogues: Case T-540/15, De Capitani v. European Parliament

Insight

Abstract: On 22 March 2018, for the first time the General Court ruled on access to documents of trilogues (case T-540/15, De Capitani v. European Parliament). These are informal meetings between representatives of the European Parliament, the Council and the Commission, which negotiate to reach an agreement, which must subsequently be...

L’arrêt de la Grande Chambre de la CJUE du 6 mars 2018 dans l’affaire Achmea: la fin des TBI européens?

Insight

Abstract: The Achmea case (Court of Justice, judgment of 6 March 2018, case C-284/16) gave the opportunity to the Grand Chamber of the Court of Justice to settle a longstanding controversy: investment arbitration is contrary to the principle of the autonomy of the European Union legal order. The reach of the decision, which was delivered in...

Minister for Justice v. O'Connor: A Decisive Moment for the Future of the EAW in the UK

Insight

Abstract: The Irish Supreme Court (IESC) decided to lodge a request for a preliminary ruling with the CJEU in Minister for Justice v. O’Connor on February 1st. The IESC enquired the CJEU about the possibility of surrendering individuals to the UK who will be imprisoned beyond the date on which this country will withdraw from the...

Is Toufik Lounes Another Brick in the Wall? The CJEU and the On-going Shaping of the EU Citizenship

Insight

Abstract: This Insight tackles a recent judgment of the CJEU, Toufik Lounes (Court of Justice, judgment of 14 November 2017, case C-165/16, Toufik Lounes v. Secretary of State for the Home Department), where the CJEU was asked to rule on the case of a EU national, Ms García Omazábal, who...

Últimos avances en la cooperación judicial penal: la cooperación reforzada permite la creación de la Fiscalía Europea a partir del Reglamento (UE) 2017/1939

Insight

Abstract: The European Public Prosecutor's Office does not start from scratch, but from a number of efforts of the EU institutions which have paid off with the adoption of Council Regulation (EU) 2017/1939 of 12 October 2017. This Regulation facilitates enhanced cooperation between Member States on the establishment of the European Public Prosecutor...

I giochi d’azzardo on-line, le raccomandazioni e il principio “soft law is no law”

Insight

Abstract: In its judgement of 20 February 2018 (case C-16/16 P, Belgium v. European Commission) the CJEU extends to recommendations its settled case-law that non-binding acts cannot be challenged before the Court of Justice. Moreover, the decision deals with the role of the Commission as institution that can perform, through...

F. Hoffmann-La Roche Ltd e altri: le informazioni ingannevoli possono nuocere alla salute… e alla concorrenza

Insight

Abstract: In a recent case (judgment of 23 January 2018, case C-179/16, Hoffmann-La Roche and others), the Court of Justice held that an arrangement put in place between two undertakings marketing two competing products, which concerned the dissemination of misleading information relating to adverse reactions resulting from the use of one...

It Is not Just About Investor-State Arbitration: 
A Look at Case C-284/16, Achmea BV

Insight

Abstract: In the much-awaited Achmea judgment (of 6 March 2018, case C-284/16 [GC]), the Court of Justice held that investor-state tribunals (ISTs), “such as” the one under the Netherlands-Slovakia intra-EU bilateral investment treaty (BIT) are incompatible with EU law. In this arguably short judgment, the Court of Justice consolidated its...

Associação Sindical dos Juízes Portugueses:
 The Court of Justice and Athena’s Dilemma

Insight

Abstract: This Insight comments on the recent judgment of the Court of Justice in Associação Sindical dos Juízes Portugueses (judgment of 27 February 2018, case C-64/16). The Court took advantage of this case to emphasise the potential of EU law to consolidate and defend the rule of law structures in the Member States. The Court...

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