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Economic, financial and social integration

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

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  • 20250 reads
Szilárd Gáspár-Szilágyi

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...

European Papers, 30.05.2018 | Posted in
The Constitutional Dimension of the European Union, Judicial review, The International Dimension of European Integration, Economic, financial and social integration

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

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  • 8600 reads
Emanuele Cimiotta

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...

European Papers, 17.05.2018 | Posted in
The Constitutional Dimension of the European Union, Judicial review, The International Dimension of European Integration, Economic, financial and social integration

La Cour de justice et la mise en balance des intérêts dans le contexte de crise financière: la décision Dowling et al.

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  • 6179 reads
Romain Foucart

Abstract: The European Court of Justice ruled in November 2016 on a case where shareholders of a private bank were opposing the Republic of Ireland over recapitalisation measures taken by this Member State against the bank in order to obtain financial assistance from the institutions of the European Union (judgment of 8 November 2016, case C-41/15...

European Papers, 16.07.2017 | Posted in
Internal Market - Freedoms of Movement and Competition Law, Companies, The European Integration Through Human Rights, Protection of human rights in Europe, The International Dimension of European Integration, Economic, financial and social integration

Corporate Human Rights Responsibility, States’ Duty to Protect and UN GPs’ National Action Plans: Some Thoughts After the UK 2016 NAP Update

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  • 5693 reads
Marco Fasciglione

Abstract: With the recent update of its 2013 National Action Plan (NAP) the UK Government has given account of the process of implementation of the 2011 UN Guiding Principles on Business and Human Rights (GPs). In particular, the UK Government has listed the achievements made and the actions taken over the past two years in this regard. This ...

European Papers, 22.08.2016 | Posted in
The International Dimension of European Integration, Economic, financial and social integration

L’accord de libre-échange UE-Viêt Nam: une hiérarchisation des objectifs de l’action extérieure au détriment de sa cohérence?

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  • 9771 reads
Nicolas Pigeon

Abstract: The recently published text of the free trade agreement (FTA) between by the European Union and Viêt Nam is a good opportunity to evaluate the consistency of EU’s external action. Indeed, as this agreement is presented as the first of a new generation of FTA ever concluded with a developing country, the overall objectives of the external...

European Papers, 14.08.2016 | Posted in
The International Dimension of European Integration, Economic, financial and social integration
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