Abstract: After more than forty years of discussion and a decade after the CJEU struck down EU accession to the ECHR in Opinion 2/13, negotiators provisionally approved a new version of the Accession Instruments in March 2023. This Insight examines how this new draft of the Accession Instruments has addressed the mutual trust concerns...

Abstract: The J.K. v TP S.A ruling is an important judgment, and not only because it led the Court to settle main questions of substantive law. In the context of adapting social law to new forms of employment relations, the Court first clarified the personal scope of Directive 2000/78/CE. Secondly, it addressed the relationship between non-...

Abstract: In the J.K. case, the CJEU condemned Polish legislation derogating, in the name of the freedom to choose a contract, from the prohibition of discrimination based on sexual orientation in employment and occupation. However, one may wonder about the scope of this decision concerning the exemptions permitted by Directive 2000/78 when...

Abstract: From an EU social law perspective, the decision of the Court of justice in J.K. appears prima facie to be a step forward in the construction of a universal labour law regime. However, the case strictly limits the progress towards an assimilation of the situation of employees and self-employed, in EU social law. First, by...

Abstract: One way of understanding the JK ruling is to see it as the symptom of a war of values within the European Union. In the context of “illiberal democracy”, the question of sexual identity resonates and conflicts with that of religious identity, creating a trouble within European values. In an attempt to resolve it, the jurisprudence tries to...

Abstract: Since the Treaty of Lisbon, signed in 2007, the common security and defence policy shall include the progressive framing of a common Union defence policy, which may lead to a common defence. However, the key question is the financing of such policy. To address this issue, several taboos have been progressively lifted in terms of financial...

Abstract: The Insight investigates the role of the EU in promoting gender equality and freedom from gender-based violence in Ukraine in the context of Russia’s war against Ukraine. By drawing on concrete examples of developments which took place at legal, justice-related and values-based dimensions through the framework of discursive...

Abstract: In the past decade, Hungary and Poland have experienced a process of rule of law backsliding that threatens the state of democracy at home, and affects the decision making and legitimacy of the European Union as a whole. In the face of Russia’s war of aggression against Ukraine, the response of Hungary and Poland has been diametrically opposed, but...

Keywords: joint investigation team – Eurojust – Russia-Ukraine war – International Criminal Court – Office of the Prosecutor – positive complementarity.
 

A Joint Investigation Team (JIT) can be set up on the basis of an agreement between two or more member States of the European Union (EU) and/or other parties...

Abstract: As a result of the invasion of Ukraine, the Commission has been increasing its weight throughout the EU sanctions process. This transformation is visible in the formation, implementation and communication of sanctions. Formulation has become less member state-driven, implementation has undergone some steps towards centralisation, and...