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Sugli effetti della violazione di obblighi procedurali sostanziali: in margine alla sentenza Airbnb

Insight

Abstract: The Insight focuses on the judgement delivered by the Court of Justice on 19 December 2019 in case C-390/18, Airbnb Ireland. The analysis will be mainly conducted with a view to exploring the notion of essential procedural requirement, developed in the previous case law, and the legal consequences flowing from this notion...

A New European Fundamental Rights Court: The German Constitutional Court on the Right to Be Forgotten

Insight

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...

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 Tjebbes Fail

Insight

Abstract: This Insight briefly analyses ten most significant untenable assumptions underlying the Court of Justice’s ruling in Tjebbes (judgment of 12 March 2019, case C-221/17 [GC]), where the Court departed from earlier case-law by essentially tolerating the annulment of EU citizenship ex lege as a result of a non-...

Bold, but Without Justification? Tjebbes

Insight

Abstract: Tjebbes (Court of Justice, judgment of 12 March 2019, case C-221/17 [GC]) builds on and extends the scope of a line of existing cases that has started to redefine the relationship between EU citizenship and Member State nationality. This Insight inquires on which legal grounds the Court of Justice could justify its bold...

La direttiva 2017/1371 e l’armonizzazione della prescrizione nei reati di frode fiscale: una possibile soluzione al conflitto tra Corti sorto dalla vicenda Taricco

Insight

Abstract: This Insight focuses on a – apparently overlooked – passage of the decision M.A.S and M.B. (judgment of 5 December 2017, case C-42/17 [GC], or Taricco II), referring to the Directive 2017/1371. The Court of Justice seemingly assumes that the Directive imposes to the Member States to consider criminal limitations...

“In Between Seats”… The Conseil constitutionnel and the CETA

Insight

Abstract: On 26 July 2017, the Conseil constitutionnel ruled upon the compatibility of an EU (mixed) agreement with the French Constitution. Its decision, which concerned the EU-Canada Comprehensive Economic and Trade Agreement (CETA), clarifies, from a national constitutional law perspective, the room of manoeuvre of the national judge...

The "Path Towards European Integration" of the Italian Constitutional Court: The Primacy of EU Law in the Light of the Judgment No. 269/17

Insight

Abstract: The interaction between European sources and national provisions has increased the degree of uncertainty with regard to the nature of time limitation in criminal law in the Italian system. In this respect, in case M.A.S. & M.B (judgment of 5 december 2017, case C-42/17) the Grand Chamber of the CJEU answered the question...

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...

L’attesa sentenza “Taricco bis”: brevi riflessioni

Insight

Abstract: The purpose of this work is to analyze the decision of the Court of Justice in M.A.S. judgment (Court of Justice, judgment of 5 December 2017, case C-42/17, M.A.S. and M.B. [GC]), after the reference for preliminary ruling of the Italian Constitutional Court, concerning the connection between the internal principle of...

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