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A Country, but not a State? The Apparent Paradox of International Statehood in Case C-632/20 P, Spain v Commission (Kosovo)

Insight

Abstract: In the case of Spain v Commission the General Court and the Court of Justice of the European Union had to determine whether Kosovo fell into the scope of the definition “third countries” for the purposes of art. 35 of Regulation (EU) 2018/1971 (the “BEREC Regulation”). Despite offering differing viewpoints, the two courts arrived...

Il Green Deal europeo e il sistema delle risorse proprie

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Abstract: Over the past few years, the EU action has been increasingly focused on addressing environmental protection issues and implementing policies to fight against climate change. The ambitious environmental policy of the EU, the Green Deal being part of it, stressed the issues concerning its financing. Against this backdrop, the aim of this...

The New European Commission Decision on Standard Contractual Clauses: A System Reform?

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Keywords: standard contractual clauses – Commission Implementing Decision - cross border data flows – personal data processing – data protection – controller and processor’s responsibility.
 

Standard contractual clauses (SCC) constitute one of the legal bases that under Regulation (EU) 679/2016 allow data...

A Critical Analysis on the European Union’s Measures to Overcome the Economic Impact of the COVID-19 Pandemic

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Abstract: The EU has fast reacted in adopting a so-called Next Generation EU Recovery Plan (NGEU) and a 2021-2027 Multiannual Financial Framework (MFF) with the aim of overcoming the consequences of the disruptive COVID-19 pandemic for citizens’ health and businesses across Europe. However, there have been several political discussions during the...

Between a Rock and a Hard Place: The Court of Justice’s Judgment in Case Slovenia v. Croatia

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Abstract: The Slovenia v. Croatia case (Court of Justice, judgment of 31 January 2020, case C-457/18) is a complex and politically charged one. Here, the Court of Justice was indirectly called upon to pronounce on the legal effects of an international arbitral award delimiting the territorial and maritime boundary between two Member States...

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

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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...

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

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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...

L’arrêt de la Grande Chambre de la CJUE du 6 mars 2018 dans l’affaire Achmea: la fin des TBI européens?

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Abstract: The Achmea case (Court of Justice, judgment of 6 March 2018, case C-284/16) gave the opportunity to the Grand Chamber of the Court of Justice to settle a longstanding controversy: investment arbitration is contrary to the principle of the autonomy of the European Union legal order. The reach of the decision, which was delivered in...

It Is not Just About Investor-State Arbitration: 
A Look at Case C-284/16, Achmea BV

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Abstract: In the much-awaited Achmea judgment (of 6 March 2018, case C-284/16 [GC]), the Court of Justice held that investor-state tribunals (ISTs), “such as” the one under the Netherlands-Slovakia intra-EU bilateral investment treaty (BIT) are incompatible with EU law. In this arguably short judgment, the Court of Justice consolidated its...

The First Ever Interpretative Preliminary Ruling Concerning the Validity of an International Agreement Between EU Member States: The Achmea Case

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Abstract: In its judgment of 6 March 2018, in Achmea (case C-284/16 [GC]), the CJEU for the first time ruled on the validity, in light of EU law, of an international agreement between Member States. The judgment raises several important legal questions. This Insight concentrates exclusively on those related to...

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