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On this page you will find a full archive of our content organized by year, from 2012 through present-day. For a view of our archive by topic, please visit our Topics page. Our most recent blog posts are also listed on our homepage.
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2012
2013
2014
2015
2016
2017
This post will consider the feasibility of the proposed European Free Movement Mechanism to address UK nationals’ loss of EU citizenship status and rights after their Member State’s withdrawal.
This post argues that by saying that ‘neutrality’ is a justification for restricting religious equality, the Court gives priority to the right to pursue business over religious freedom.
This post comments on the ECJ's Opinion on the division of powers between the EU and the Member States in international investment law matters.
Cautious Openness: the Spanish Constitutional Court’s approach to EU law in recent national case law
This post hypothesises that this may be the result of the way in which the CJEU handled the SCC’s first (and so far, only) preliminary reference.
This post looks at the Opinion 2/15's effects on the EU’s investment policy and propose a change in the Commission’s approach to the negotiation of international economic agreements.
This post will consider the proposal on a joint EU-UK court to adjudicate upon citizens’ rights with a particular focus on whether the joint court could violate the Court of Justice’s stringent conditions for protecting the autonomy of the EU legal order.
This post argues that Prof. Capaldo’s argument in her blogpost presupposes a particular understanding of human rights, and that this understanding of human rights is problematic from the perspective of democratic theory.
2018
This post argues that EU law is creating a new class of mobile citizens, whose rights are not dependent on their nationality or location, but upon the fact that they move or have moved.
This post examines in depth the Court’s shift in interpretive methodology and the alternative approaches to the interpretation of the AFMP that could have been taken.
This post suggests that Achmea might best be read as an attempt to solve the issue through the development of a doctrine of field preemption based on Article 19 TEU, a newcomer in the Court’s ‘autonomy’ caselaw.
This post aims to explain the obligation to incorporate the Fiscal Compact into EU law.
This post will summarise the reasoning of the Court of Session judgment. It will then engage with the arguments for and against the proposition that notice under Article 50(2) may indeed be revoked unilaterally.
This post maps out what might now be safely described as the current position on the horizontal effect of fundamental rights in the European Union and attaches a threefold (mostly positive) meaning to the Bauer judgment.
This post scrutinizes the role of different European and Maltese institutions on the Pilatus Bank scandal and studies certain problematic aspects of whistle-blowing, banking supervision and money laundering legislation.
This post analyses the arguments discussed by the Advocate General, building upon the two previous contributions discussing the judgment of the Inner House of the Court of Session in Scotland and arguing in favour of an interpretation of Article 50 TEU as not allowing revocation
This post will first summarise the judgment in Wightman v Secretary of State, before providing some comments thereupon.
This post will argue that it would be more normatively desirable for the European Union’s legislature to adopt measures in order to preserve these electoral rights for UK citizens.
2019
This post focuses on the AG’s arguments concerning the exclusive jurisdiction of the Court of Justice over the definitive interpretation of EU Law.
This post discusses the fact that the proposed EU Platform Regulation apparently – seemingly unintentionally – would not apply to ‘underlying service-attached intermediation activities’ offered by platforms such as Uber and Deliveroo. and proposes a way to fix it.
This post presents the report on the application of proportionality and subsidiarity and sketches some (rough) reflections on the place of the principle of subsidiarity in the EU legal order and how to improve its role as a tool to control EU legislative activity.
This post argues that autonomy, due to its abstract characteristics, is often subject to power injections leading to incoherent interpretations depending on the subject-matter at hand.
The purpose of this post is to summarise the Court’s legal reasoning and to give a brief overview of the implications the judgment might have for Germany, German EAWs, and other Member States.
This post presents the relevant developments leading up to this case, discusses AG Kokott’s Opinion and reflects upon the wider implications of Case C-411/17 for the development of EU environmental law and its interaction with the international legal order.
This post presents the relevant political backgrounds leading up to Case C-591/17 and discusses the Court’s judgement and reflects upon its the wider implications for the development of an EU-wide vignette system for light vehicles and the use of Article 259 TFEU.
This post will consider a specific question that arose during the passage of the Extension Act: whether the European Council could impose ‘qualitative conditions’ on a further extension.
This post will endeavour to make sense of the different moving pieces on the state aid chessboard, describe the current state of play and evaluate the Commissioner’s “checkmating” odds.
This post will analyse the legal sources informing the infringement proceedings and considers the proceedings as a reactive mechanism to ensure the UK’s compliance with EU law during extension, contrasting this to pro-active measures used for previous extensions.
Spanish Constitutional Court takes control of lower courts’ application of Cilfit – in a dubious way
This post explains that while the SCC’s doctrine might at first glance appear to promote judicial cooperation, a closer look reveals that it might put the effective application of Union law at risk.
2020
This post seeks briefly to summarise the background and the Political Declaration before outlining the sides’ opening negotiation gambits and noting three paradoxes.
This post will, outline the jurisdiction and the admissibility of the infringement proceeding, discuss the merits of the case, and conclude with some comments on the significance and the potential outcome of the proceedings.
The PSPP judgment of the German Constitutional Court: An Abrupt Pause to an Intricate Judicial Tango
This post will argues that, although this dance has for now been paused, it shall continue, but the tune and the steps will not be the same.
This post intends to provide a brief overview of the (technical) origins of the centralized versus decentralized debate, the role of decentralization in so-called privacy preserving technologies and some of its alleged benefits under the General Data Protection Regulation.
This post shows why the German court taking ever greater ownership in the interpretation of EU law, without engaging the CJEU and while circumscribing the preliminary rulings avenue, is the emerging “new normal”.
This post considers whether the legal basis on which the Commission seeks to rely on provides the EU with the necessary competence to enact the proposed measures.
The aim of this contribution is to discuss the interpretation of 'extraordinary circumstances' found in current case-law and what the recently decided case adds to it.
This post deals with the embedded assessment of a third country’s national security powers under the General Data Protection Regulation and addresses the criticism that a third country is held to stricter standards than a Member State of the Union.
This post argues that the ECtHR should reconsider its case law and align it with the Directive in order to ensure the same level of protection for all Member States of the Council of Europe (CoE).
The first post in this two-parter will summarise the Commission’s arguments, before considering the legal base and enforcement mechanisms for the infringement procedures.
This post will analyse the Court’s judgment in the case C-78/18, comment on the importance of the case in the ongoing EU rule of law crisis, and highlight the Court’s approach towards so-called ‘integrated Charter infringements’.
This post briefly presents the facts of the case and divides the main outcomes of the two judgments in three victories for one or the other camp, without pretensions to be exhaustive on every single point of the judgments.
This post discusses the European Commission’s most recent attempt to address access to justice in environmental matters.
This post analyses the UK government’s justifications for providing itself with a permission to breach the Withdrawal Agreement.
This post uses the recent decision of the Court of Justice of the European Union in Case C-477/19 Magistrat der Stadt Wien on the protection of common hamsters in the Austrian capital of Vienna as a benchmark to analyse our current understanding of the EU Habitats Directive.
This post explores the drafting history of the Charter of Fundamental Rights of the European Union, and more specifically its role in reinforcing fundamental rights protection in the EU.
2021
This post considers the compromises revealed by Part 3 of the TCA on bespoke governance mechanisms and ECHR conditionality, and their implications for the new surrender mechanism.
This blog post reveals how the discussion of the European Magnitsky Act evolved within the EU, what changes it introduces and what gross human rights violations will be targeted.
This post provides a brief overview of the theoretical foundations of the right to silence and the background to the current CJEU ruling and highlights the most important reasonings of both the referring and ruling court.
This blog post discusses the repercussions that the judgments in Radiotelevizija Slovenija and Stadt Offenbach am Main create for workers.
This post will analyse the compatibility of the proposed Slovenian amendments with EU law.
This post explores some of the aspects of the AG’s Opinion in Case C-848/19 P Germany v Poland that will make the Court’s judgment one to look out for.
This contribution notes the current role of Eurodac and highlights the proposed changes to the system as they relate to minors and their fundamental rights as enshrined in the Charter of Fundamental Rights of the European Union (Charter).
In this post, the background to the Case C-911/19 FBF v ACPR will initially be set out. The key legal issues that arise will then be dissected, and the AG’s findings will be critically assessed.
This post aims to overview the specific measures of the Union’s economic response to the pandemic and provide a preliminary analysis.
This post explains some relevant jurisprudence regarding excessive pricing, before analysing more closely the Aspen case and its outcome.
This post addresses the key points of the Advocate-General’s reasoning against the backdrop of the Achmea judgment, followed by a brief appraisal of the potential importance and consequences if the CJEU were to follow the reasoning of AG Kokott.
In the following blog post, the new EU sanctions regime will be subject to a SWOT (Strengths-Weaknesses-Opportunities-Threats) analysis.
This post offers some answers that the TCA provisions on trade in goods and technical standardisation may offer.
This post outlines the key features of the DMA prior to summarising its enforcement framework and addressing the problematic ‘fair trial’ elements underlying it.
This post introduces a reflection about regulatory brutality and the – apparent – lack of concern from the EU side about legal coherence in domestic law systems regarding artificial intelligence.
This blog post argues that the proposed AI Regulation does not sufficiently protect individuals from harms arising from the use of AI technology.
This post while situates the case C-709/20 CG within the Union citizenship case law.
This contribution focuses on the new data processing powers of Europol.
This article provides a brief overview of the AML Package’s most important characteristics, accompanied by commentary on certain aspects of the Proposal.
This blog post looks into the possible solutions to enhance access to platform’ data for research on disinformation: Article 31 of the DSA, the strengthen Code of Practice on Disinformation, Art. 40 GDPR Code of Conduct and a Media Data Space.
This post discusses the ruling of the Polish Constitutional Court, according to which Articles 1, 2 and 19 of the TEU are partly unconstitutional.
This case note wishes to shed light on Advocate General Bobek’s opinion in the North Stream 2 case and consider its broader implications.
This post presents some further arguments that were neglected by the Court in its judgment in the case SN and SD.
This post makes a few observations about the EDPB Guidelines, and draws some conclusions about their implications.
2022
This post will explore the legal reasoning behind cannabis legalization in Europe, the legal barriers raised by the ECJ and how Germany is trying to circumvent them.
This post gives an overview of the new Public Consultations’ regime and makes a Preliminary Assessment of the New Regime.
This post focuses on one of the two deficiencies highlighted by the CJEU: the need for the U.S. legal system to provide a redress avenue accessible to all EU data subjects.
This post puts forward a novel non-statutory solution that could resolve the “redress” problem in the EU/US adequacy negotiations.
This post focuses on some of the key criteria and considerations on the extraterritorial scope of the AIA, as well as the impact on users and providers outside the EU.
This post explores the interface between the GDPR and journalistic activities and draws on GDPR proceedings from various EU Member States to illustrate the potential of the GDPR to be instrumentalised as a SLAPP strategy.
This post explores the effect of the proposal for regulating political advertising might affect freedom of expression, and the legal basis for the proposed regulation.
This post analyses the recent Full Court judgments of Cases C-156/21 Hungary v Parliament and Council and C-157/21 Poland v Parliament and Council.
This post argues that the caseC-247/20 raises two important constitutional points from the perspective of EU relations law post-Brexit, which it explores in detail.
This post examines the Court’s definition of the essence of ne bis in idem in the case law leading up to bpost and AG Bobek’s critique thereof, before evaluating the Court’s latest definition.
This post deals with the former category of proportionality, the current issues, and the future perspectives, and analyses the Italian practice regarding the notion of “prospective proportionality”.
This post provides an overview of the law and presents a critical examination of the amending Motor Vehicle Insurance Directive.
This blogpost argues that the specific features of the EDF make it unsuitable for further expansion, and raises more fundamental questions about the Commission’s ability to function in the area of defence without being overly reliant on the European arms industry.
This post will offer commentary on the Court’s interpretation of the Opinion procedure (Article 218 (11) TFEU) in the wake of ongoing negotiations to ‘modernise’ the ECT and offer some thoughts on the outcome of the negotiations themselves.
This post argues that although transparency obligations, conceived to fight against corruption, can conflict with the rights of privacy and data protection, the key for solving this conflict lies in a sophisticated and complex proportionality test.
This blog post narrows down to delimiting the notion of synthetic data generated from personal data and studying its legal qualification within the European data protection framework.
In this post, we argue that the analysis of the legal conditions and consequences of withdrawal is an important element that the EU institutions must contribute to the public debate.
This post summarises how the ECJ assesses the validity of the PNR Directive in light of Articles 7, 8 and 52(1) of the Charter (the fundamental right to respect for private life, to protection of personal data, and the principle of proportionality, respectively).
This post argues that the Case OC v European Commission missed its chance to be a landmark judgment regarding damages under data protection law.
This post sets out the legal reasoning behind the claim that an Energy Charter Treaty exit by a member state is only effective if the EU also leaves the treaty.
This post presents the main emphasis of the executive order by President Biden on enhancing safeguards for US signals intelligence activities, explains implications on transnational data transfers and the GDPR, and analyses the intersection of legal and political arguments.
This post engages (speculatively) in a thought experiment on certain legal aspects of the collective abandonment of the EU and the simultaneous creation of an “EU 2.0” that some Member States might consider triggering if the EU’s operations were to be irretrievably paralysed.
This post argues that the proposed threshold for compensation in the AG Campos Sánchez-Bordona's Opinion is not in line with the GDPR and that objective criteria should guide compensation for non-material damages.
This post lays out the existing economic governance framework of the EU before looking at the proposals made by the Commission.
2023
This post examines the most evident shortcomings of the current ethics frameworks for members and staff of the EU institutions involved in the legislative procedures.
This post argues that by not engaging in intersectional analysis of the alluded religious and gender discrimination, the Court forewent an opportunity to inch closer to acknowledging intersectionality.
This post discusses the background context, legal content, and broader consequences of the judgment in the Minority SafePack case.
This post argues that although the legitimacy of cybersecurity legislation is hard to be disputed, the attribution of a specific competence to be conferred to the EU would clarify – and justify – the prominent role that the EU has taken in this area.
This post argues that the judgment can be criticised for two main reasons: the first one strictly relates to the Court’s reasoning in the field of air quality; the second one – more systemic – concerns the principle of effectiveness of EU law.
This post explores the challenges and implications of applying EU competition law to esports, with a focus on the crucial aspect of relevant market definition.
This report is a summary of the oral hearings based on the author’s own observations and notes. Notably, it should not be understood as a thorough analysis of Article 22 GDPR.
This blogpost aims to explain how the proposed rules in the EU asylum and migration policy will promote exclusionary practices and denial of legal safeguards, that will be at the expense of legal certainty, uniformity and respect for fundamental rights.
This post argues that the ECtHR functions as an important guardian of the right to a fair trial in cases where the national court refuse to seek a preliminary ruling from the CJEU.
This post examines two issues in the Commission's Long-Term Resident Directive proposal: the required residence period before labour migrants can receive LTR status as well as the intra-EU mobility rights and additional socio-economic rights that accompany LTR status.
This blog post will provide a short recap of the Oral Hearing in the case G.K and Others, which took place before the Grand Chamber on 27 February 2023.
This post explores the abandonment of dualisim in the Data Act and the problematic points of the proposal that derive from such an abandonment.
This post considers the level of information a competent authority needs to provide when deciding not to carry out environmental impact assessments, and discusses the differentiation between standard mitigating features and specific mitigation measures for appropriate assessment.
This post analyses the complementarity of the voluntary detection regime with the mandatory detection regime in the proposed CSA Regulation and discusses whether such a regime is compatible with particular the General Data Protection Regulation (GDPR) and the e-Privacy Directive.
Case C-769/22: A further step in the protection of the fundamental rights within the European Union?
This post discusses the use of the infringement proceeding as a lawful route to claim violations of Article 2 TEU, evaluates its effect, and addresses the definition of the values given by the Court of Justice and its necessary character.
This post, after a brief overview of the scope and main features of the MiCA Regulation, will make some remarks on two outstanding issues: the doubtful rationale behind the scope of the Regulation, and its choice not to deal with decentralisation.
This contribution highlights selected aspects of the interplay between the AI Act on the one hand, and the EHDS on the other.
This blogpost argues for a wide understanding of democracy under Article 2 TEU, and sets democratic standards that member states are obliged to comply with as a matter of Union law.
This post argues that the Court regards the Meta Platforms case as a clear example of a competition authority legitimately intervening after coordinating with the relevant data protection authorities against behaviour that almost without a doubt violates the GDPR.
This blogpost aims to assess possible salient aspects regarding the statement submitted by the Commission in the ITLOS proceedings on behalf of the EU.
This post will discuss the regulatory approaches and the importance of foresight and knowledge aspects of the proposed AI regulation.
This post analyses the effectiveness of the proposed European Media Freedom Act regarding the protection of journalists, assesses the amendments proposed by the LIBE, and argues that they fail to offer a sufficient level of protection for journalists.
This blogpost argues that a strong legal framework that addresses the power imbalance is necessary to address unsustainable purchasing practices and increase stakeholder engagement.
This post argues that The General Court’s idea that an absence of causality is sufficient to dismiss the case is without any legal or logical basis, a confusion of competences with causes.
This post is aimed at providing a summary of the ECJ decision in Österreichische Post and outlines the main takeaways in regard to national courts and future judgments.
This post argues that because children are often not mentioned explicitly in the positions taken by the Parliament, the Council and the Commission, it is not clear what effect the AI Act will have for children in AI contexts.
This analysis highlights the implications of the ECtHR judgement Glukhin for the legislative process of the Artificial Intelligence Act (AIA).
This post aims to critique an institutional approach according to which to Member State democracy and proposes instead to develop a citizen-centred conception of democracy.
This post first covers the main aspects of the judgment in the Deutsche Umwelthilfe case before offering some commentary on the legal effects of international law in the EU legal order and in particular the Aarhus Convention.
This post argues that it is not always clear how wording, context, and the objective of a provision interact in the interpretation by the ECJ, and illustartes how this might sometimes lead to unforeseeable results, and potentially irrational distinctions.
This post presents the key findings of the Luxembourg Conference on Transatlantic Data Transfers.
This post discusses the French and Italian provisions banning names of meat-based products from their plant-based countrparts, and their compatibility with EU law.
This blog analyses the cases E.D.L. and the Opinion of the AG in GN, and discusses their influence on the two-step test, the future of mutual trust and protection of fundamental rights in surrender cases.
This post calls for clearer EU-structured soft law guidance on coordination possibilities in order to envisage coordination initiatives between Member States' different competent authorities.
This blog post argues that, if followed by the Court, the interpretation proposed by the AG in the HADOPI case would lead to a severe weakening of the CJEU’s authority and legitimacy, more generally.
This post aims at discussing the Opinion of AG Ćapeta and the implications of the KS & KD case in light of the accountability gap characterising the Common Foreign and Security Policy (‘CFSP’) under EU law and and the process of the EU’s accession to the ECHR.
This post argues that the right to academic freedom as provided by Article 13 CFR remains under-investigated in the EU law.
This post will explore why the dual-use nature of space assets, combined with the Lisbon Treaty’s particular legal architecture, may complicate or hinder the EU’s plans for broadened and deepened space governance.
This post explores how four possible EU-wide options for post-TPD status would impact the rights of asylum seekers and refugees who fled Ukraine.
This post discusses the prohibition of religious signs in the workplace, focusing on the justification based on entirely neutral administrative environment.
This post examines the necessity of the Green Claims Directive.
This post examines the Court’s evaluation of the permissible restrictions on EU citizens’ freedom of movement in the name of protecting public health during a pandemic.
This blogpost argues that the new Europol Regulation forms a threat to the protection of the fundamental right to data protection, while the EDPS’ possibilities for monitoring and supervising compliance with the EU’s data protection rules remain limited.
2024
This post argues that a ban on fossil advertising is a necessary, albeit insufficient, measure in the urgent quest to curb climate change—and importantly, it is perfectly legal.
The GDPR as a cyber risk management system: the ECJ cautiously tackles data breaches in the NAP case
This post argues that to task exclusively national courts with the decision of what TOMs are appropriate to ensure security of processing on a case-by-case basis appears to be particularly problematic and liable to creating fragmentation in the implementation of the GDPR.
This contribution looks into the consequences of the judgment in C-26/22 and C-64/22 on the GDPR procedural rights.
This blog post seeks to highlight the theoretical and practical relevance of the Women who are Victims of Domestic Violence case in the fields of EU external relations and EU refugee law, respectively.
This post discusses the major positive developments resulting from the implementation of the Regulation on the European Citizens' Initiative and questions the potential of these developments to ensure the fulfillment of ECI’s objectives.
This post analyses the AG Opinion on the Google Shopping case. It argues that even though the AG suggests a new form of abuse, self-preferencing, in her Opinion, the application of this new form is still subjective and ambiguous.
This blogpost argues that the European Commission should address the Hungarian Sovereignty bill as a clear violation of the principle of democracy under Article 2 TEU and aims to show in what respects this principle is violated.
This post argues that by using the word “indirectly” in relation to personal data, the Court appears to be introducing a new dimension along which to classify personal data and that in doing so, the Court has departed from its earlier jurisprudence.
This post argues that the judgment in Case C-683/21 constitutes an important step in the development of 'GDPR-proofing' artificial intelligence and provides key clarification for entities commissioning and developing AI tools.
This post argues that shielding Frontex from meaningful responsibility is not only harmful for victims of fundamental right violations committed by Frontex, but that it also compromises the institutional framework of EU agencies.
This post reflects on citizen jury as the possible form of public participation regarding the regulation on new genomic techniques.
By considering the Directive’s objective and purpose, this post argues that an alternative – but sound – interpretation of Article 4(2) TPD allows for an extension of the Directive without amendments.
This post addresses the question: to what extent does the revised Single Permit Directive contribute to the EU’s toolbox to protect and safeguard migrant works from abusive employers or simply maintain the status quo?
This post aims to place the Google Ireland and Others judgment and the debate it sparked in the broader picture of public policy exceptions to EU rules in internal market law.
This post discusses the different forms of control envisaged for data subjects over the secondary use of their health data, describes the respective positions of different institutions, and discusses them in light of the Finnish law.
This post analyses the cases after Österreichische Post to flesh out the Court’s conception of non-material damages under Article 82 GDPR and to analyse whether a coherent approach emerges from the case law.
This blog post argues that the failure to approve the CSDDD by the Council under the guise of protecting companies is counterproductive and represents a missed opportunity in mitigating climate change.
This blog post aims to provide context for the decision to amend the EU Electoral Act, which might very well change the composition of the European Parliament.
This post presents Article 6(11) of the DMA and its underlying rationale and discusses its interpretation in the light of the GDPR.
This post discusses the political and technocratic aspects of the role of a Commissioner, and argues that in order to foster democratic legitimacy, the political side should be more visible in the process of choosing Commissioners.
This post discusses the Commission's proposition for the new youth mobility agreement between the EU and the UK.
This post presents and comments on the judgment C-173/23 Air Europa Líneas Aéreas of the ECJ, including its legal background.
This post argues that a more principled emphasis in Case T-682/21 on openness in environmental policy would have led to the same outcome but would have also made the Union’s transparency framework more robust, in line with the objectives of the Aarhus Convention.
This post it shows how unanimity voting can function as a tool to preserve the unjust status quo to the detriment of minority rights, and contrasts the pragmatic nature of the travaux préparatoires of Article 19 TFEU with the principled approach of the US debate.
This post, discusses the suitability of the revised transparency requirements for single-name CDSs of the MiFIR Review.
This piece aims to provide a deeper overview of the EU’s direct commitment towards the LGBTIQA+ community during the EU legislative term 2019-2024.
This blogpost aims to examine the complex landscape of border procedures based on the final text of the Asylum Procedures Regulation.
This article examines how the EU's media protection legislation—specifically the EMFA—does not sufficiently secure media pluralism guarantees in two Member State case studies, Hungarian public media and Italian private media.
This post discusses the ban on predictive policing in the AI Act and seeks to demonstrate the potential limitations of its effectiveness through a critical analysis of this provision.
This post concerns a question which ought to be of concern to all who practise in or study EU law: does the EU administrative law acquis provide the Union’s courts with the tools they need to supervise the exercise of Union power across a range of competences?
This blogpost is dedicated to legal questions arising from the ongoing ‘coalition crisis’ in Austria, following Environment Minister’s decision to vote in favour of the Regulation on Nature Restoration despite the opposing will of Austria’s Chancellor and 7 Regional Governments.
This post argues that the new AI Act focuses too much to organizing the AI software, and omits protecting the individual rights of the AI tool users.
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This post comments on a preliminary ruling in which the ECJ held that a ten-year residence requirement imposed on long-term resident third-country nationals to access basic income under Italian law in is breach of EU law.
In July 2024, a French startup filed the first-ever application for a novel food authorisation of a cultivated meat product in the EU. We discuss the potential for “legal disruption” considering the controversial debate on the societal and economic impact of this technology.
The ECtHR held that States have a human rights obligation to mitigate the climate crisis. It heavily relied on the Aarhus Convention to broaden standing of environmental associations but noted in passing that it is not applicable to climate litigation. We disprove this statement.
This post examines the TAP Portugal judgment within the broader framework of consumer protection, arguing for the necessity of EU courts and regulators to reassess these standards and offer clearer guidance to ensure a fair balance of rights and interests.
The Western Sahara conflict faces new scrutiny in the EU. The CJEU's imminent ruling on EU-Morocco trade deals may redefine EU external relations, raising legal questions on sovereignty and international law.
The post discusses WS v. Frontex and its appeal, focusing on clarifying Frontex's human rights obligations. It offers a fresh perspective on how the CJEU may balance fundamental rights and Frontex’s limited powers in conducting lawful Return Operations with Member States.
This post examines the Court's rejection of the Commission's Article 22 referral policy in the Illumina case. The judgment restricts the Commission's power to review mergers below the thresholds, highlighting the need to reconsider its approach to closing the enforcement gap.
This post explores the Court of Justice’s ruling in KS and KD v Council, expanding its jurisdiction in Common Foreign and Security Policy (CFSP) matters while balancing judicial oversight with strategic political decisions, especially regarding human rights in EU missions.
Paying attention to the CJEU’s recent judgment KS&KD, this post argues that the CJEU’s jurisdiction for damages claims is not capable of changing the prosperities of the EU’s accession to the ECHR.
