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Leading by Example, Ideas or Coercion? The Carbon Border Adjustment Mechanism as a Case of Hybrid EU Climate Leadership


Abstract: The Carbon Border Adjustment Mechanism (CBAM) is the most recent and assertive component of EU external climate policy. Whilst the CBAM has the potential to accelerate global climate governance, by demonstrating that Parties to the Paris Agreement can combat carbon leakage by means of border measures, it could simultaneously foster...

Working Its Way Back to International Law? The General Court’s Judgments in Joined Cases T-344/19 and T-356/19 and T-279/19 Front Polisario v Council


Abstract: The CJEU’s approach to international law in the context of territorial disputes has generally attracted substantial criticism, both for its engagement therewith – i.e., its tendency to cherry-pick the applicable rules – and reliance thereon – i.e., its tendency to apply international rules in a dissimilar fashion to their...

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


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


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...

La Procura della Repubblica tra rinvio pregiudiziale ed esecuzione dell’ordine europeo di indagine penale: considerazioni relative alla causa XK


Abstract: In 1996, the Court of Justice ruled out that prosecutors could refer questions for a preliminary ruling on the grounds that their task is not to settle a dispute in complete independence but to submit it to a court by means of criminal prosecution. In case C-66/20 XK ECLI:EU:C:2021:200, the Court was asked to deal with the same...

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


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...

Google Shopping and the Quest for a Legal Test for Self-preferencing Under Article 102 TFEU


Abstract: Does a dominant firm abuse its market power in violation of EU competition law and, more specifically, art. 102 TFEU if it accords more favourable treatment to its own products or services than to those of its rivals? In answering this question in the affirmative and holding that self-preferencing constitutes a novel type of abuse of...

A Spouse Can Only Have One Habitual Residence for the Application of Article 3 Brussels II-bis


Abstract: In application of art. 3 Brussels II-bis a spouse can only have one habitual residence even if he/she share his/her time between two Member States. The court has the duty to establish his/her habitual residence taking into account the place where such person has the main centre of his or her interests and a stable presence....

The Court of Justice’s Sumal Judgment: Civil Liability of a Subsidiary for its Parent’s Infringement of EU Competition Law


Abstract: The judgment of the Court of Justice in the Sumal ECLI:EU:C:2021:800 case charts new territory in the application of the concept of the “economic unit” in EU competition law. In addition to the established principles regarding the liability of the economic unit for fines imposed by the European Commission, the Court has found that...

Tackling the Climate Crisis with Counter-majoritarian Instruments: Judges Between Political Paralysis, Science, and International Law


Abstract: The climate crisis is – as far as we can see in 2021 – the greatest challenge of the 21st century. The existence of global warming as a human-made problem and the abstract need of transiting away from fossil energy sources is largely accepted. The question, however, of how to best achieve this transition is a major bone of contention –...