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Jurisdiction Concerning Actions by a Legal Person for Disparaging Statements on the Internet: The Persistence of the Mosaic Approach

Insight

Abstract: The author comments on a recent judgment by the Court of Justice of the European Union in Gtflix TV v DR (C-251/20 ECLI:EU:C:2021:1036), concerning jurisdiction on an action by a legal person seeking at the same time rectification and removal of disparaging statements published by a competitor on the Internet, and compensation for...

Ernests Bernis (Appeal) and Judicial Review by the CJEU of Non-Resolution Decisions in the EU Banking Union: No Standing for the Shareholders of the Relevant Entity

Insight

Abstract: With the judgment of 24 February 2022 in case C-364/20 P Bernis and Others v SRB ECLI:EU:C:2022:115, the European Court of Justice has dismissed the appeal lodged by Ernests Bernis, Oļegs Fiļs, OF Holding SIA and Cassandra Holding Company SIA (shareholders of ABLV Bank) against the order of the General Court rendered on 14 May...

La “strumentalizzazione” delle persone migranti: la risposta dell’Unione europea e la reazione lituana a confronto. Un’occasione per riflettere (anche) sull’operato dell’Agenzia dell’UE per l’asilo

Insight

Abstract: This Insight aims to illustrate common elements between the Lithuanian and European Union reaction following the “instrumentalisation of migrants” by Belarus. The most critical aspects with respect to national reforms and the Proposal presented by the Commission in December 2021 – ex art. 78(3) TFEU – shed light on specific issues...

The Dark Relationship Between the Rule of Law and Liberalism. The New ECJ Decision on the Conditionality Regulation

Insight

Abstract: The recent rule of law crisis is partly due to the inertia of the European institutions regarding the implementation of the mechanism within art. 7 TEU. This is despite the variety of actions that could be taken by the EU regarding maintaining high levels of respect for the rule of law within the EU. Hence it seems that the rule of law...

An Unsettling Déjà-vu: The May 2021 Ceuta Events

Insight

Abstract: To properly understand the various factors that have been conducive to diplomatic tensions between Spain and Morocco, following the mass arrival of migrants crossing the border of the Ceuta enclave in May 2021, we need to move the debate beyond the recurrent reference to “blackmail”. The instrumentalization of migration for political and...

Il commercio parallelo di farmaci tra libera circolazione delle merci e prospettive evolutive nell’ambito della nuova Strategia farmaceutica per l’Europa

Insight

Abstract: Parallel trade of pharmaceuticals is one of the most contended issues emerging from this industrial sector, which requires to strike a sensitive balance between the fundamental tenets of the internal market (particularly the free movement of goods), the Member States’ competence in regulating the prices of medicines and the conflicting...

Misure emergenziali al confine tra UE e Bielorussia: uno scontro tra 'titani' con gravi ripercussioni per i migranti

Insight

Abstract: The migration crisis at the EU-Belorussian border is escalating and the potential for grave human rights violations against third country-nationals stuck between the two “titans” is more and more likely to materialize. This Insight aims to provide an overview of the emergency measures that have been adopted at the national and EU...

The Nansen Passport and the EU Temporary Protection Directive: Reflections on Solidarity, Mobility Rights and the Future of Asylum in Europe

Insight

Abstract: The Temporary Protection Directive (TPD) is one of the most controversial pieces of EU legislation. Adopted back in 2001 and never implemented, it has been at the margins of EU migration and asylum policies until, on 3 March 2022, the Home Affairs Ministers of the EU27 reached an “historic agreement” on its activation. This Insight...

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