Courts of Member States

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 discusses the ruling of the Polish Constitutional Court, according to which Articles 1, 2 and 19 of the TEU are partly unconstitutional.

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 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 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.

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 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.

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 will first summarise the judgment in Wightman v Secretary of State, before providing some comments thereupon.

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 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 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 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.

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 comments on the ECJ's Opinion on the division of powers between the EU and the Member States in international investment law matters.

This post will argue that it is not necessary for the Court of Justice to prove an authoritative determination on this question of EU law in order for the UK Supreme Court to decide the specific question of UK constitutional law in the (R)Miller adjudication.