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Inter-Environnement Expanded: Another Brick Out of the Wall of EU Law Supremacy?

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  • 6759 reads
Giulia Gentile

Abstract: In Association France Nature Environnement (judgment of 28 July 2016, case C-379/15), the Court of Justice dealt with two issues. First, is it possible for national courts to limit the effects of a judicial decision annulling national law contrary to EU law in the field of environmental protection? Second, are national courts...

European Papers, 29.03.2017 | Posted in
The Constitutional Dimension of the European Union, Judicial review

L’obbligo (flessibile) di rinvio pregiudiziale e i possibili fattori di un suo irrigidimento. Riflessioni in margine alla sentenza Association France Nature Environnement

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Federico Pani

Abstract: In its judgement of 28 July 2016 (case C-41/11, Inter-Environnement Wallonie e Terre wallonne), the CJEU confirmed its settled case law concerning the interpretation of Art. 267, para. 3, TFEU. Indeed, since CILFIT, the CJEU has allowed national courts of last instance to solve by themselves interpretative problems in the...

European Papers, 29.03.2017 | Posted in
The Constitutional Dimension of the European Union, Judicial review

Denialism as the Supreme Expression of Realism – A Quick Comment on NF v. European Council

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Enzo Cannizzaro

Abstract: By Order of 28 February 2017 in case T-192/16, NF v. European Council, the General Court dismissed as inadmissible an action for annulment brought against the s.c. EU-Turkey deal concluded on 18 March 2016. In the view of the General Court, independently of its binding nature, the deal is to be attributed to the Member States and...

European Papers, 15.03.2017 | Posted in
The Constitutional Dimension of the European Union, The institutional system, The sources of EU law, Decision-making procedures, Judicial review, Competences, EU Policies and the Area of Freedom, Security and Justice, Visas, asylum and immigration, The International Dimension of European Integration, The external action of the European Union

L’accordo per il Tribunale unificato dei brevetti: quali prospettive dopo la ratifica italiana e la Brexit?

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Costanza Honorati

Abstract: The entry into force of the Agreement on the Unified Patent Court looks nowadays even more uncertain than it did before. The Brexit has seriously impacted on the cautious optimisms believing in its possible entry into force by Spring 2017. While the ratification process keeps moving onwards – reaching in November 2016 the thirteenth...

European Papers, 25.11.2016 | Posted in
The Constitutional Dimension of the European Union, The institutional system, Judicial review, Internal Market - Freedoms of Movement and Competition Law, Intellectual property

Il “battesimo del fuoco” della direttiva sui prodotti del tabacco, tra esigenze di armonizzazione e di tutela della salute pubblica

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Francesco Bestagno

Abstract: On 4 May 2016, the ECJ delivered three judgments concerning the validity of the “Tobacco Products Directive”. This article focuses on the legal basis of this controversial act and on the fundamental rights’ restrictions provided for therein. As for the legal basis, the ECJ's judgments found that, in order to avoid the negative impact of...

European Papers, 24.10.2016 | Posted in
The Constitutional Dimension of the European Union, Judicial review
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