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.
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.
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 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 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 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 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 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.
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 seeks briefly to summarise the background and the Political Declaration before outlining the sides’ opening negotiation gambits and noting three paradoxes.
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 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 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 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 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.