Forum Européen

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...

Abstract: This Insight concerns two judgments of the German Federal Constitutional Court from 6 November 2019, Right to be Forgotten I and II. The judgments present an overhaul of the Court’s own positioning within the system of EU multilevel fundamental rights adjudication and bring substantial novelties to the EU law...

Abstract: The case discussed is an example of how cities can have an independent role in EU governance. In 2016, the cities of Madrid, Brussels and Paris brought actions before the General Court (Art. 263 TFEU), asking for the annulment of Regulation 646/2016, as regards emissions from Euro 6 vehicles. De facto, the Commission changed the...

Abstract: In the X case (judgment of 3 October 2019, case C-302/18), the Court of Justice addressed for the first time the application of the resource requirement of the Directive 2003/09/EC, a precondition for the obtainment of the status of long-term resident by third-country nationals. In its ruling, the Court compared the provision of...

Abstract: This Insight provides a critical analysis of the judgment of 24 September 2019, Google Inc. v. Commission nationale de l’informatique et des libertés (CNIL), case C-507/17, which clarified the territorial scope of the right to be forgotten under current EU law by holding that it only applies within EU borders. Although...

Abstract: In his Opinion delivered on 6 December 2018 in case C-596/17, JTI, AG Saugmandsgaard Øe argued that Art. 15, para. 1, of Directive 2011/64 authorises Member States to prevent tobacco manufacturers and importers from varying the retail selling price per item or gram for each of their manufactured tobaccos of a certain brand and...

Abstract: This Insight examines the clarification provided by the General Court’s ruling in Tercas (namely, judgment of 19 March 2019, joined cases T-98/16, T-196/16 and T-198/16, Italy and Others v. Commission) with regard to two constituent elements of the notion of State aid: the “imputability to the State” and the “use...

Abstract: The Insight analyses the recent judgment of the Court of Justice in joined cases C-585/18, C-624/18 and C-625/1, A.K. v. Krajowa Rada Sądownictwa and CP, DO v. Sąd Najwyższy, hereafter A.K. and Others. The ruling has had considerable impact on the crisis of the rule of law in Poland and the note evaluates its...

Abstract: In the judgment of Bajratari, the Court of Justice was asked to determine whether the availability of sufficient resources established by Art. 7, para. 1, let. b), of Directive 2004/38/EU as a precondition for the recognition of Union citizens’ right of residence in another Member State for more than three months should be...

Keywords: Brexit – prorogation – constitutional convention – Supreme Court – parliamentary sovereignty – parliamentary democracy.
 

“Crucially, today’s ruling confirms that we are a nation governed by the rule of law, laws that everyone, even the Prime Minister, are subject to” a déclaré Gina Miller à la sortie...