Abstract: This Insight comments on the recent referral for a preliminary ruling by the Irish High Court Minister of Justice and Equality v. Celmer (judgment of 12 March 2018, no. 2017 EXT 291) in the case concerning a Polish citizen sought by the Republic of Poland pursuant to the European Arrest Warrant. The key problem relates to...
Abstract: The judgment in the case Associação Sindical dos Juízes Portugueses (Court of Justice, judgment of 27 February 2018, case C-64/16) offers a significant contribution to the sensitive issue of the role of the Court of Justice in monitoring the respect of the rule of law by the EU Member States. The Insight focuses on the...
Abstract: This Insight examines the judgment delivered by the Court of Justice on 25 January 2018 in the case F (C-473/16). This case concerns a very sensitive topic, as it relates to the admissibility of an expert’s report and projective personality tests to assess the existence of a specific ground upon which international...
Abstract: In its decision A and S (judgment of 12 April 2018, case C-550/16, A et S v. Staatssecretaris van Veiligheid en Justitie), the Court of Justice of the European Union ruled – for the first time – on the relevant date for assessing the minority of an unaccompanied minor who reaches the age of majority in the course of their...
Abstract: The interaction between European sources and national provisions has increased the degree of uncertainty with regard to the nature of time limitation in criminal law in the Italian system. In this respect, in case M.A.S. & M.B (judgment of 5 december 2017, case C-42/17) the Grand Chamber of the CJEU answered the question...
Abstract: This Insight focuses on the recent ruling delivered by the Italian Constitutional Court (ICC) on April 10th 2018, n. 115 (which has been lodged on May 31st 2018), on the so called Taricco affair. The author submits three main arguments. The first is that the ICC, by explicitly rejecting the possible...
Abstract: On 22 March 2018, for the first time the General Court ruled on access to documents of trilogues (case T-540/15, De Capitani v. European Parliament). These are informal meetings between representatives of the European Parliament, the Council and the Commission, which negotiate to reach an agreement, which must subsequently be...
Abstract: The Irish Supreme Court (IESC) decided to lodge a request for a preliminary ruling with the CJEU in Minister for Justice v. O’Connor on February 1st. The IESC enquired the CJEU about the possibility of surrendering individuals to the UK who will be imprisoned beyond the date on which this country will withdraw from the...
Abstract: The Achmea case (Court of Justice, judgment of 6 March 2018, case C-284/16) gave the opportunity to the Grand Chamber of the Court of Justice to settle a longstanding controversy: investment arbitration is contrary to the principle of the autonomy of the European Union legal order. The reach of the decision, which was delivered in...
Abstract: This Insight tackles a recent judgment of the CJEU, Toufik Lounes (Court of Justice, judgment of 14 November 2017, case C-165/16, Toufik Lounes v. Secretary of State for the Home Department), where the CJEU was asked to rule on the case of a EU national, Ms García Omazábal, who...