Forum Européen

Abstract: In Fédération Nationale des Syndicats Sportifs (FNASS) and others v. France (judgment of 18 January 2018, no. 48151/11 and 77769/13), the European Court of Human Rights assessed the compatibility between the right to private and family life and a French Order regulating unannounced anti-doping controls for sport professionals....

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...

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...

Keywords: European citizenship – freedom of movement – right of residence – fundamental rights – burden of proof – best interests of the child.
 

La jurisprudence de la Cour de Justice des dernières années concernant les membres des familles des citoyens de l’UE a marqué une ouverture vers l’intégration qui...

Abstract: In its judgment of 6 March 2018, in Achmea (case C-284/16 [GC]), the CJEU for the first time ruled on the validity, in light of EU law, of an international agreement between Member States. The judgment raises several important legal questions. This Insight concentrates exclusively on those related to...

Abstract: In its judgment of 13 June 2017, case C-591/15, The Gibraltar Betting and Gaming Association, the Court of Justice held that, in the area of freedom to provide services, the United Kingdom and Gibraltar are to be treated as a single member State. Therefore, national fiscal measures at stake, found to be in all other regards...

Abstract: Brexit will lead the United Kingdom to exit from the European judicial area. The different European rules, dealing with judicial competence, conflicts of laws and the recognition of judicial decisions, will not apply anymore. Legal certainty is at risk, for persons exercising free movement and for commercial exchanges. Hence the need to...

Abstract: The Court of Justice ruled on 14 March 2017 an interesting judgment concerning the dismissal of Ms. Samira Achbita (case C‑157/15, Samira Achbita v. G4S Secure Solutions NV), a Muslim female, who had worked as a receptionist in the private sector. She was dismissed due to her refusal to stop wearing the Islamic headscarf according...

Keywords: Brexit – EU – UK – withdrawal – transition – trade.
 

The nature of an unfolding Brexit is that once something is put to paper everything is later flipped on its head. The Withdrawal Agreement of last week, despite its dismissal by Theresa May, appeared to represent a consensus as to what role the UK...

Abstract: This Insight comments on the preliminary ruling in the case Fidenato et al. (judgment of 13 September 2017, case C-111/16), in which the Court of Justice excluded that Member States may rely on the precautionary principle enshrined in Art. 7 of Regulation 178/2002 to adopt emergency measures against the cultivation of...