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Five Surgical Strikes on the Treaties of the European Union

Insight

An Unusual Insight: A short premise by the Board of Editors. This is an unusual Insight. It does not look at the existing law of the Union but rather at its possible and auspicious development. It does not ad-dress only the scholarly world, but also the much wider circle of persons interested in the future of the Union. In spite of this feature, or...

PL Holdings case: The Investor Ordered to Pay the Expropriating State's Costs, a New Consequence of Achmea

Insight

Abstract: In the Swedish Supreme Court's epilogue to the PL Holdings case, the expropriated company lost all its claims against Poland, which had expropriated it. Applying the case law of the Court of Justice of the European Union (CJEU) on intra-European investment arbitration, the Supreme Court did not merely invalidate the ad hoc...

The Court of Justice Finally Rules on the Analogical Application of Art. 351 TFEU: End of the Story?

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Keywords: article 351 TFEU – prior agreements – Member States international obligations – treaty conflict – conflict clause – analogical application.

As is well-known, art. 351 TFUE is a so-called conflict clause within the meaning of art. 30(2) of the Vienna Convention of the Law of Treaties. Conflict rules are common...

The Green Deal and the Case for a Soil Health Framework Directive

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Keywords: soil – Green Deal – climate change – Framework Directive – environmental law – subsidiarity.

In its 2020 Report on the State of the Environment, the European Environment Agency highlighted the increasingly serious degradation of EU soils.[1] Soils constitute largely...

The European Union’s Financial Contribution to the Response to the Covid-19 Crisis: An Overview of Existing Mechanisms, Proposals Under Discussion and Open Issues

Insight

Abstract: This Insight contains an overview of the measures through which EU institutions and organs financially contribute to the response to the Covid-19 crisis. Measures address direct support to public health and to humanitarian aid, research, and economic and social consequences of the crisis. The response is the most diverse, as it...

The PSPP Judgment of the German Federal Constitutional Court: Throwing Sand in the Wheels of the European Central Bank

Insight

Abstract: After describing the measures adopted by the European Central Bank (ECB) to mitigate the crisis caused by the COVID-19 pandemic in the euro area, the Insight focusses on the repercussions of the controversial judgment adopted by the German Federal Constitutional Court (BVerfG) on 5 May 2020. It is contended that the criteria...

Filtrage des investissements directs étrangers dans l’UE et COVID-19: vers une politique commune d’investissement fondée sur la sécurité de l’Union

Insight

Abstract: This Insight examines the EU’s response to foreign direct investment in the context of the COVID-19 pandemic. The crisis has revealed the increased risk of attempts to acquire EU healthcare capabilities or EU strategic industries via foreign direct investments (FDI). As positive law stands, EU Member States are responsible for...

International and European Emergency Assistance to EU Member States in the COVID-19 Crisis: Why European Solidarity Is Not Dead and What We Need to Make It both Happen and Last

Insight

Abstract: It is of course too early to draw conclusions about the European Union’s response to the COVID-19 crisis in its Member States while we are still in the midst of the health crisis. On the other hand, it is already possible to correct the widely shared first impression that European solidarity had been shattered. The available public data...

Quand l’urgence de santé publique fait son entrée parmi les catastrophes en droit de l’UE

Insight

Abstract: In response to the COVID-19 outbreak, EU’s reaction is mixed. It partly takes the form of a financial assistance to the Member States. Many funds are mobilized, for example the European Union Solidarity Fund which was set up to respond to major natural disasters and express European solidarity to EU countries and countries involved in...

Citizenship, Coronavirus and Questions of Competence

Insight

Abstract: Restrictions on movement imposed in all Member States have necessarily resulted in a restriction of free movement rights of Union citizens, albeit in an incidental manner. These restrictions are nonetheless facilitated by the relevant provisions of primary and secondary law. This is appropriate in light of the multi-level system of...

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