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Generalstaatsanwaltschaft Berlin: A Further Development of Extradition Rules of Union Citizens to Third Countries

Insight

Abstract: Case C-398/19 Generalstaatsanwaltschaft Berlin (Extradition vers l'Ukraine) introduces relevant developments to the case-law on extradition of Union citizens to third countries. The Court of Justice establishes that the rules defined in its previous case-law apply to a Union citizen who has acquired the nationality of a Member...

The Application of Art. 10 of Brussels II-Bis to Children Abducted Out of the EU: The Last UK Reference on Family Law?

Insight

Abstract: Upon probably the last reference from the UK on Family Law, in SS (case C-603/20 PPU ECLI:EU:C:2021:231) the CJEU was asked to rule, on the application of art. 10 of Brussels II-bis where a child, formerly habitually resident in a Member State, is abducted to and becomes resident in a third State. This Insight....

The Court of Justice’s Self-restraint of Reviewing Financial Assistance Conditionality in the Chrysostomides Case

Insight

Abstract: In the Chrysostomides case (joined cases C-597/18 P, C-598/18 P, C-603/18 P and C-604/18 P Council v Chrysostomides & Co. and Others ECLI:EU:C:2020:1028), the Court of Justice (ECJ) confirmed its previous finding that the Eurogroup has only an informal and intergovernmental nature. Building on the cases Ledra...

Religious Slaughtering, a Stunning Matter: Centraal Israëlitisch Consistorie van België and Others

Insight

Abstract: In Centraal Israëlitisch Consistorie van België and Others (case C-336/19 ECLI:EU:C:2020:1031) the Court of Justice held that EU Member States are allowed to require, in the context of ritual slaughter, a reversible stunning procedure which cannot result in the animal’s death. According to the Court, Regulation 1099/2009 on the...

The Use of the Charter and Pre-trial Detention in EU Law: Constraints and Possibilities for Better Protection of the Right to Liberty

Insight

Abstract: As EU criminal law has expanded over the years, so have the opportunities for the application of relevant provisions of the EU Charter of Fundamental Rights. The present Insight analyses the situations where the right to liberty has become relevant to pre-trial detention in areas covered by EU rules. It critically discusses the gaps of protection...

Carta dei diritti fondamentali, applicabilità e rapporti fra giudici: la necessità di una tutela integrata

Insight

Abstract: The year 2020 marked the 20th anniversary of the proclamation of the Charter of Fundamental Rights of the European Union. It was drawn up at the end of a long process, to which the Court of Justice has contributed substantially, affirming since the seventies the obligation to protect fundamental rights in the Community. The drafting of a...

Does Stand-by Time Count as Working Time? The Court of Justice Gives Guidance in DJ v Radiotelevizija Slovenija and RJ v Stadt Offenbach am Main

Highlight

Keywords: working time – Court of Justice – stand-by time – rest period – Working Time Directive – health and safety.
 

On 9 March 2021, the Grand Chamber of the Court of Justice of the European Union (CJEU) added two judgments to a long line of case law interpreting the meaning of “working time” under art. 2 of...

Rule of Law Conditionality: The Long-awaited Step Towards a Solution of the Rule of Law Crisis in the European Union?

Insight

Abstract: In December 2020, the European Parliament and the Council adopted a new piece of legislation aimed at protecting the rule of law in the Member States of the Union – the so-called rule of law Conditionality Regulation. This contribution tracks the legislative process in the run up to the new Regulation, analyses the substance and the...

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