Abstract: The present Insight offers an analysis of the judgment of the Court of Justice in the so-called RINA case (judgment of 7 May 2020, case C-641/18, LG and Others v. Rina and Ente Registro Navale), which deals with the (non) automatic extension of State immunity to private actors entrusted with some public functions....
Abstract: This Insight deals with the recent case-law of the Italian courts regarding the relationship between domestic and Community rules on fundamental rights, taking into account in particular the substantial and procedural problems that arise when a law is suspected to violate both the Charter of the Fundamental Rights of the EU and...
Keywords: internal market – competition law – unfair commercial practices – pricing policies – additional charges – transparency.
Con la sentenza Ryanair Ltd. c. AGCM,[1] depositata lo scorso 23 aprile 2020, la Corte di giustizia è intervenuta sulle...
Abstract: This Insight examines the EU’s response to foreign direct investment in the context of the COVID-19 pandemic. The crisis has revealed the increased risk of attempts to acquire EU healthcare capabilities or EU strategic industries via foreign direct investments (FDI). As positive law stands, EU Member States are responsible for...
Abstract: Based on the assumption that the COVID-19 pandemic might provide the occasion to re-think the role of aircraft passenger transportation, this Insight advocates a re-evaluation of the market models developed over the past decades to deregulate the airline industry. The first aspect on which the Insight focuses is the...
Abstract: After the various recent crisis – financial, migration, Brexit, to name but a few – the mantra “the end of the EU is nigh” has somewhat become a common place. It is hardly surprising to see this repeated over and over again, while Europe got caught in the COVID-19 whirlwind – or the “eye of the storm” if you prefer more established quotes...
Abstract: The present Insight compares the decisions of two chambers of the Polish Supreme Court regarding the domestic enforcement, under the terms laid down in the Polish Constitution, of a judgment of the Court of Justice, the independence of the judicial branch and the consequences of a judicial appointment. The starting point for the...
Abstract: In X (judgment of 3 March 2020, case C-717/18, X (Mandat d'arrêt européen – Double incrimination), the Court of Justice has clarified the implications of a reform determining the increase of the penalty scales on the lifting the double criminality check pursuant to Art. 2, para. 2, of Framework Decision 2002/584/JHA,...
Abstract: The Insight focuses on the impact of international human rights law and refugee law on the interpretation of the responsibility of coastal States for the coordination of rescue activities within their own SAR regions established under the SAR Convention. This analysis aims to investigate whether the interaction between these...
Abstract: The United Kingdom’s justice landscape is set to look very different post-Brexit. This Insight explores what form future UK-EU justice arrangements are likely to take. Focus is specifically on extradition, police cooperation through Europol, and information and data sharing. It considers the implications likely future arrangements...