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Regulating Composite Platform Economy Services: The State-of-play After Airbnb Ireland

Insight

Abstract: A number of platform economy services are composite insofar as they consist of an element provided by electronic means and another that is not provided by electronic means. Determining whether platforms provide only the online intermediation service or an overall service comprising the underlying physical service as well is instrumental in...

The COVID-19 Emergency and the Reintroduction of Internal Border Controls in the Schengen Area: Never Let a Serious Crisis Go to Waste

Insight

Abstract: The Insight analyses the wave of internal border control reintroductions following the COVID-19 outbreak. It addresses the relevant legal framework and discusses the possible implications for the Schengen Area, in the light of the recent practice of highly disputed prorogations of border controls and of the pending reform of the...

Rethinking Solidarity in View of the Wanting Internal and External EU Law Framework Concerning Trade Measures in the Context of the COVID-19 Crisis

Insight

Abstract: The present Insight looks at the EU and the international law framework concerning trade measures in the context of the COVID-19 crisis, focusing on export restrictions. As is shown, the legal framework is fairly permissive with regard to EU Member States, but also the EU as an international actor. Taking into account economics–...

European Solidarity in Times of Emergency: An Introduction to the Special Focus on COVID-19 and the EU

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Keywords: COVID-19 and the EU – European Solidarity – EU Values – EU Policies – EU Competences – New Research Paths.
 

On 13 March 2020, the World Health Organization (WHO) declared Europe the active centre of the COVID-19 pandemic. One month later, on 14 April 2020, several European Union Member States were...

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...

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...

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...

The X Case: The Influence of the Resource Requirement on Long Term Residents’ Integration and National Authorities’ Discretionary Powers

Insight

Abstract: In the X case (judgment of 3 October 2019, case C-302/18), the Court of Justice addressed for the first time the application of the resource requirement of the Directive 2003/09/EC, a precondition for the obtainment of the status of long-term resident by third-country nationals. In its ruling, the Court compared the provision of...

For a Few Cigarettes More: The AG Opinion in the JTI Case

Insight

Abstract: In his Opinion delivered on 6 December 2018 in case C-596/17, JTI, AG Saugmandsgaard Øe argued that Art. 15, para. 1, of Directive 2011/64 authorises Member States to prevent tobacco manufacturers and importers from varying the retail selling price per item or gram for each of their manufactured tobaccos of a certain brand and...

“Lawful Employment” as a Precondition for the Recognition of Residence Rights: Bajratari

Insight

Abstract: In the judgment of Bajratari, the Court of Justice was asked to determine whether the availability of sufficient resources established by Art. 7, para. 1, let. b), of Directive 2004/38/EU as a precondition for the recognition of Union citizens’ right of residence in another Member State for more than three months should be...

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