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On Mutual Recognition and the Possibilities of a “Single European Polity”: The Opinion of AG Collins in Case C-181/23 Commission v Malta

Insight

Abstract: The Advocate General’s Opinion in Commission in Commission v Malta is a useful opinion. Not because it is correct but because it highlights the central issue at stake in the case: the question of mutual recognition and its implications. The automatic mutual recognition of Member State nationality found in Micheletti has...

How the Court Tries to Deliver Justice in Common Foreign and Security Policy, Where the Need for Judicial Protection Clashes with the Principles of Conferral and Institutional Balance. Joined Cases C-29/22 P and C-44/22 P KS and KD

Insight

Abstract: KS and KD is a judgment where the European Court of Justice finds it has jurisdiction to hear actions for damages caused by the European Union’s (EU) civilian missions or military operations. It is the first time that this has happened. Although not entirely surprising, the finding of jurisdiction contributes to a growing line of...

From Dusk Till Dawn. The Case of F.T. v D.W. and the Right to Access Electronic Medical Records in Light of the Future European Health Data Space Regulation

Insight

Abstract: Free access to a copy of personal data included in a medical record is guaranteed under EU law. The legal basis, scope and reach of this right were addressed for the first time by the European Court of Justice in F.T. v D.W. The case triggers a number of considerations on the protection offered to individuals, and most notably...

La chiusura del dialogo “giudice a giudice” come extrema ratio nella sentenza L.G. c Krajowa Rada Sadownictwa

Insight

Abstract: Until recently, it would have been tautological to say that the question of assessing independence did not arise when the preliminary ruling instrument was activated by a national judge: judges in the Member States were presumed to be independent. However, in the context of the rule of law backsliding, with the adoption of national laws...

Access to Justice in Environmental Matters in the EU Legal Order: The “Sectoral” Turn in Legislation and Its Pitfalls

Insight

Abstract: Access to justice in environmental matters is one of the three pillars of the Aarhus Convention, to which both the EU and its Member States are Parties. In the Convention, access to justice is subdivided into four limbs. Art. 9(3) contains the general obligation of access to review procedures for the public of acts and omissions of private...

Beyond Collective Countermeasures and Towards an Autonomous External Sanctioning Power? The General Court’s Judgment in Case T-65/18 RENV, Venezuela v Council

Insight

Abstract: In case T-65/18 RENV Venezuela v Council the General Court was confronted with the question of the legality under international law of the EU’s restrictive measures against Venezuela. The judgment is of particular importance as it feeds into the burgeoning discussion regarding the juridical nature, and lawfulness, of EU...

Is EU Investment Policy Fit for Promoting Sustainable Development? Insights from the EU-Angola SIFA

Insight

Abstract: In 2019 the EU Commission launched the ambitious so-called European Green Deal, a set of proposals aimed to revise and update EU legislation and to put in place new initiatives with the goal to ensure that EU policies are in line with climate and SDGs goals. To reach the targets set out by the EU institutions, a crucial role is attributed...

Breaking a Tradition: How Signing of Agreements Is No Longer a Matter for the Council

Insight

Abstract: The European Union has always concluded international agreements with third countries and international organisations as an integral component of its external action. In contrast to its predecessors, the Treaty of Lisbon introduced a uniform procedural framework for the negotiation and conclusion of international agreements in art. 218...

Who You Gonna Call? Insights from the ECJ’s Case C-551/21 on the Signature of International Agreements

Insight

Abstract: The current Insight analyses the judgment of the European Court of Justice in Case C-551/21, which upheld the Commission's claim regarding its right to exercise the external act of treaty signature. The decision sheds light on the signature procedure outlined in art. 218 TFEU and adds to previous cases, clarifying the proper...

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