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Dinamarca contraataca: el caso Ajos, un nuevo desafío para el diálogo judicial

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  • 4405 reads
Daniel González Herrera

Abstract: On 6 December 2016, the Supreme Court of Denmark delivered its judgment in the Ajos case (no. 15/2014, DI acting for Ajos A/S v. The estate left by A.). The Danish Court surprisingly disregarded the guidelines provided by the Court of Justice in its preliminary ruling of April 19, 2016. With its decision, the Supreme...

European Papers, 09.04.2017 | Posted in
The Constitutional Dimension of the European Union, The sources of EU law, The impact of EU law over national law

El Sistema Constitucional de la Unión Europea en Liza: Recapitulando el Caso Miller

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  • 3654 reads
Eduardo Amado Brea

Abstract: This Insight analyses the decisions in Miller et al. v. Secretary of State for exiting the European Union (UK High Court, judgment of 3 November 2016, [2016] EWHC 2768 (Admin); UK Supreme Court, judgment of 24 January 2017, [2017] UKSC 5) focusing on the constitutional implications of the Brexit for the United Kingdom and...

European Papers, 05.04.2017 | Posted in
The Constitutional Dimension of the European Union, The institutional system, The sources of EU law, Competences

Il velo svelato

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  • 4460 reads
Roberto Bin

Keywords: non-discrimination – religious symbols – Islamic veil – labour relations – directive 2000/78/EC – discrimination grounded on religion or belief.
 

Nella causa Achbita,[1] la Grande Chambre della Corte di giustizia ha emanato una sentenza...

European Papers, 05.04.2017 | Posted in
The European Integration Through Human Rights, Human dignity, equality and non-discrimination

A Question of Jurisdiction: Art. 267 TFEU Preliminary References of a CFSP Nature

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  • 18214 reads
Graham Butler

Abstract: Can the Court of Justice of the European Union assert jurisdiction and provide a national court with an interpretation of Union law in a case referred to it from a national court under an Art. 267 TFEU preliminary reference, when the subject matter is in regard to the Common Foreign and Security Policy (CFSP)? This was one of a number of...

European Papers, 01.04.2017 | Posted in
The Constitutional Dimension of the European Union, Judicial review, Competences, The International Dimension of European Integration, The external action of the European Union

Inter-Environnement Expanded: Another Brick Out of the Wall of EU Law Supremacy?

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  • 6765 reads
Giulia Gentile

Abstract: In Association France Nature Environnement (judgment of 28 July 2016, case C-379/15), the Court of Justice dealt with two issues. First, is it possible for national courts to limit the effects of a judicial decision annulling national law contrary to EU law in the field of environmental protection? Second, are national courts...

European Papers, 29.03.2017 | Posted in
The Constitutional Dimension of the European Union, Judicial review

L’obbligo (flessibile) di rinvio pregiudiziale e i possibili fattori di un suo irrigidimento. Riflessioni in margine alla sentenza Association France Nature Environnement

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  • 11825 reads
Federico Pani

Abstract: In its judgement of 28 July 2016 (case C-41/11, Inter-Environnement Wallonie e Terre wallonne), the CJEU confirmed its settled case law concerning the interpretation of Art. 267, para. 3, TFEU. Indeed, since CILFIT, the CJEU has allowed national courts of last instance to solve by themselves interpretative problems in the...

European Papers, 29.03.2017 | Posted in
The Constitutional Dimension of the European Union, Judicial review

Mixity in EU Foreign Trade Policy Is Here to Stay: Advocate General Sharpston on the Allocation of Competence for the Conclusion of the EU-Singapore Free Trade Agreement

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  • 13036 reads
Hannes Lenk

Abstract: It has been two decades since the Court of Justice had the chance to comprehensively assess the scope of the common commercial policy. In Opinion 2/15 on the EU-Singapore free trade agreement (FTA) the Court is now asked to determine how far the EU’s external competence stretches post-Lisbon. Ahead of the decision, AG Sharpston has...

European Papers, 26.03.2017 | Posted in
The International Dimension of European Integration, International trade law and policy

“Clash of Titans” 2.0. From Conflicting EU General Principles to Conflicting Jurisdictional Authorities: The Court of Justice and the Danish Supreme Court in the Dansk Industri Case

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  • 9220 reads
Elena Gualco

Abstract: The present Insight focuses on the reception by the Danish Supreme Court (judgment of 6 December 2016, no. 15/2014, DI acting for Ajos A/S v. The estate left by A.) of the Court of Justice decision in the Dansk Industri case (judgment of 19 April 2016, case C-441/14 [GC]). Instead of disapplying a national...

European Papers, 26.03.2017 | Posted in
The Constitutional Dimension of the European Union, The sources of EU law, The European Integration Through Human Rights, Human dignity, equality and non-discrimination

The Front Polisario v. Council Case: The General Court, Völkerrechtsfreundlichkeit and the External Aspect of European Integration (First Part)

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  • 19149 reads
Eva Kassoti

Abstract: Over the last few years, the CJEU’s approach to international law has sparked a fierce debate in the literature. More recent case-law has challenged the narrative of the CJEU’s Völkerrechtsfreundlichkeit and it has called into question the EU’s carefully cultivated self-image as a global actor with an attitude of respect and...

European Papers, 23.03.2017 | Posted in
The European Integration Through Human Rights, Protection of human rights in Europe, The International Dimension of European Integration, International trade law and policy

EU Law and Extradition Agreements of Member States: The Petruhhin Case

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  • 17141 reads
Stefano Saluzzo

Abstract: The Insight analyses the recent judgment of the Court of Justice in the Aleksei Petruhhin v. Latvijas Republikas Ģenerālprokuratūra case (judgment of 6 December 2016, case C-182/15). The preliminary ruling deals with the relationship between EU law and Member States’ extradition agreements with third countries. The...

European Papers, 21.03.2017 | Posted in
The Constitutional Dimension of the European Union, The sources of EU law, Internal Market - Freedoms of Movement and Competition Law, Internal market - Economic freedoms of movement, The European Integration Through Human Rights, Protection of human rights in Europe
Displaying 301 - 310 (of 397 posts)

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