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The Issue of Data Protection in EU Trade Commitments: Cross-border Data Transfers in GATS and Bilateral Free Trade Agreements

Insight

Abstract: The rapid technological developments and the increasing data flows have not yet been addressed through global coordination. The WTO has so far played a minor role, failing to update its treaties to the new reality of digital trade. To reduce the uncertainty as to the economic and privacy-related impacts of cross-border data flows,...

L’affaire Indépendance de la Cour suprême devant la Cour de justice: réflexions sur “l’indispensable liberté des juges”

Insight

Abstract: The Court of Justice recently delivered its June 2019 judgment in Commission v. Poland (24 June 2019, case C-619/18, Independence of the Supreme Court [GC]). The Court upheld the principle of effective judicial protection embodied in Art. 19 TEU, building on its previous February 2018 judgment in Associação Sindical...

For a Few Cigarettes More: Comments on AG Saugmandsgaard Øe's Opinion in the JTI Case

Insight

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...

Antitrust and Coopservice: Procurement Aggregation Is a Serious Thing (Adjudicating Too)

Insight

Abstract: Antritrust and Coopservice (judgment of 19 December 2018, case C-216/17) is a peculiar product of the Court of Justice. It is one of a kind in aggregate procurement, a subfield of public procurement that has remained virtually untouched by the Court. A number of very helpful and reasonable directions can be drawn from this judgment with respect to...

Towards Common Minimum Standards for Whistleblower Protection Across the EU

Insight

Abstract: This Insight describes the content of the Proposal for a Directive on the protection of persons reporting on breaches of Union law, approved with amendments by the European Parliament and formally adopted by the Council on 7th October 2019. The Directive, which will now be formally signed and published in the...

The Gaps in Judicial Accountability of EASO in the Processing of Asylum Requests in Hotspots

Insight

Abstract: This Insight explores the interaction between the European Asylum Support Office (EASO) and the national authorities in the EU border and asylum regulatory framework of the ‘hotspot approach’. Although the mandate of EASO foresees that the agency is merely to provide support and assistance to the competent authorities in relation...

Effetti indiretti della Carta dei diritti fondamentali? In margine alla sentenza Commissione c. Polonia (Indépendance de la Cour suprême)

Insight

Abstract: In the case law of the CJEU, Art. 51 of the Charter of Fundamental Rights of the European Union is often read as based on a dichotomic distinction between national rules and behaviors falling within and, respectively, outside the scope of the Charter. Only the first category of rules and behaviors shall abide by the Charter, while the...

The Territorial Scope of the Right to Be Forgotten Online in the Opinion of the Advocate General on the Case Google CNIL

Highlight

Keywords: right to be forgotten – privacy – freedom of expression – territorial scope – internet – State sovereignty.
 

On 10 January 2019, the Advocate General of the CJEU delivered his opinion on a new controversial case on the right to be forgotten online (RBF).[1]...

“Uber test” Revised? Remarks on Opinion of AG Szpunar in Case Airbnb Ireland

Insight

Abstract: In his opinion delivered on 30 April 2019 in case C-390/18, Airbnb Ireland, the AG Szpunar stated that Airbnb provides an information society service. He also proposed a revision of the “Uber test” established in the previous case-law of the CJEU. In this Insight, the opinion is summarized and critically commented,...

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