Abstract: In its judgment of 13 June 2017, case C-591/15, The Gibraltar Betting and Gaming Association, the Court of Justice held that, in the area of freedom to provide services, the United Kingdom and Gibraltar are to be treated as a single member State. Therefore, national fiscal measures at stake, found to be in all other regards...
Keywords: Brexit – EU – UK – withdrawal – transition – trade.
The nature of an unfolding Brexit is that once something is put to paper everything is later flipped on its head. The Withdrawal Agreement of last week, despite its dismissal by Theresa May, appeared to represent a consensus as to what role the UK...
Abstract: This Insight provides an analysis of the first preliminary ruling (Court of Justice, judgment of 21 September 2017, case C-171/16, Beshkov) concerning some provisions of the Council Framework Decision 2008/675/JHA of 24 July 2008 on taking account of convictions in the Member States of the European Union in the course of...
Abstract: This Insight comments on the preliminary ruling in the case Fidenato et al. (judgment of 13 September 2017, case C-111/16), in which the Court of Justice excluded that Member States may rely on the precautionary principle enshrined in Art. 7 of Regulation 178/2002 to adopt emergency measures against the cultivation of...
Keywords: Brexit – EU – transition – external action – Draft Withdrawal Agreement – UK.
The EU Commission’s Draft Withdrawal Agreement (“the Agreement”)[1] prompted a strong response from Theresa May: “No UK prime minister could ever agree to it”....
Abstract: The Jafari case ruled in July 2017 (Court of Justice, judgment of 26 July 2017, case C-646/16, Jafari [GC]) gives the CJEU the opportunity to come back on the summer 2015 migration crisis. The difficult articulation between Dublin III Regulation and other relevant legal instruments in such a particular context...
Abstract: For the first time the Court of Justice – in its Grand Chamber composition – has ruled upon the registration phase of a European Citizens’ Initiative (ECI) and, consequently, on the framework of the Commission’s powers in this respect. The ECI entitled “One Million Signatures for a Europe of Solidarity” – aimed at introducing in the EU economic and monetary...
Abstract: The purpose of this work is to analyze the decision of the Court of Justice in M.A.S. judgment (Court of Justice, judgment of 5 December 2017, case C-42/17, M.A.S. and M.B. [GC]), after the reference for preliminary ruling of the Italian Constitutional Court, concerning the connection between the internal principle of...
Abstract: Selectivity is a tricky notion when applied to fiscal aid, mostly because of the peculiar structure of this type of aid. As recent tax ruling cases (such as Apple, Fiat and Starbucks) have shown, the definition of the notion of fiscal aid is becoming crucial in determining the relationship between supranational...
Abstract: In a context of serious humanitarian and human security concerns raised by large-scale forced migration arriving at the borders of European countries from the Middle East and Africa, the Court of Justice of the European Union has restrictively interpreted the rules on visas with limited territorial validity included in the Community Code...