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...
Abstract: This Insight concerns two judgments of the German Federal Constitutional Court from 6 November 2019, Right to be Forgotten I and II. The judgments present an overhaul of the Court’s own positioning within the system of EU multilevel fundamental rights adjudication and bring substantial novelties to the EU law...
Abstract: The case discussed is an example of how cities can have an independent role in EU governance. In 2016, the cities of Madrid, Brussels and Paris brought actions before the General Court (Art. 263 TFEU), asking for the annulment of Regulation 646/2016, as regards emissions from Euro 6 vehicles. De facto, the Commission changed the...
Abstract: The Insight analyses the recent judgment of the Court of Justice in joined cases C-585/18, C-624/18 and C-625/1, A.K. v. Krajowa Rada Sądownictwa and CP, DO v. Sąd Najwyższy, hereafter A.K. and Others. The ruling has had considerable impact on the crisis of the rule of law in Poland and the note evaluates its...
Keywords: Brexit – prorogation – constitutional convention – Supreme Court – parliamentary sovereignty – parliamentary democracy.
“Crucially, today’s ruling confirms that we are a nation governed by the rule of law, laws that everyone, even the Prime Minister, are subject to” a déclaré Gina Miller à la sortie...
Abstract: The Court of Justice recently delivered its June 2019 judgment in Commission v. Poland (24 June 2019, case C-619/18, Independence of the Supreme Court [GC]). The Court upheld the principle of effective judicial protection embodied in Art. 19 TEU, building on its previous February 2018 judgment in Associação Sindical...
Abstract: This Insight describes the content of the Proposal for a Directive on the protection of persons reporting on breaches of Union law, approved with amendments by the European Parliament and formally adopted by the Council on 7th October 2019. The Directive, which will now be formally signed and published in the...
Abstract: In the case law of the CJEU, Art. 51 of the Charter of Fundamental Rights of the European Union is often read as based on a dichotomic distinction between national rules and behaviors falling within and, respectively, outside the scope of the Charter. Only the first category of rules and behaviors shall abide by the Charter, while the...