Legal Remedies

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 contribution looks into the consequences of the judgment in C-26/22 and C-64/22 on the GDPR procedural rights.

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 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 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 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 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 discusses the European Commission’s most recent attempt to address access to justice in environmental matters.

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 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 argues that the UK would have had the tools to restrict migration also without Brexit.