Institutional Law

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 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 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 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 discusses the background context, legal content, and broader consequences of the judgment in the Minority SafePack case.

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 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 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 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 gives an overview of the new Public Consultations’ regime and makes a Preliminary Assessment of the New Regime. 

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.

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 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 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 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 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 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 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.