ACELG

On 4 May the European Court of Justice (ECJ) has rendered three important judgments in the field of tobacco control, each confirming the validity of the EU Tobacco Products Directive. This blog discusses the findings in one of these judgments, (Case C-477/14 Pillbox 38 v The Secretary of State for Health) concerning the newly introduced… » read more

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Yesterday, a challenge of conditionality did not find favour in the European Court. ‘Conditionality’ is another term for a ‘macro-economic adjustment programme’ that EU Member States have to accept when they receive financial assistance to face down financial stability threats. Greece, Ireland, Portugal, and Cyprus have seen far-reaching policy prescription imposed upon them by (formally:… » read more

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  On Wednesday, 6 April, in an advisory referendum on the Dutch Approval Act of the Association Agreement between the EU and the Ukraine, Dutch voters rejected the latter by 61.1 % of votes against and 38.1 % in favor of the Act. The low turnout of 32.2%, although low, met the minimum threshold of… » read more

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Ever since the 2008 CJEU Decision in Metock ruling that non-EU migrants were allowed to live with an EU national in a host state also in cases where they had no prior lawful residence in a Member State, several Member States have expressed their concern about the presumed frequent use of free movement to regularize… » read more

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Regional entities are the foster children of EU law, even more so than individual persons. While the position of the latter has improved over time, and the CJEU is clearly interested in bringing them within the ambit of EU law, regions are still damned to a will-o’-wisp existence on the plane of EU law –… » read more

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Austerity and Law in Europe

In the wake of the global financial crisis, which peaked in 2008, the concept of ‘austerity’ assumed center stage in European politics, polarizing domestic constituencies, and leading to the formation of anti-austerity political parties in a number of countries. The project ’The Architecture of Postnational Rulemaking’, in cooperation with ACCESS EUROPE (European Constitutionalism Theme), is… » read more

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Recent legal development, involving opinion 2/13 on the accession of the EU to the ECHR, have put the relation between the EU and its Member States’ legal systems centre stage again. As important as the discussions around human rights are, there are many more, smaller pieces to this puzzle. Indeed, it is time we learn… » read more

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On 6 November 2015 Judge and Professor Sacha Prechal from the Court of Justice of the European Union (CJEU) delivered a presentation on the concept of ‘mutual trust’ before the CJEU at Vrije Universiteit Amsterdam. According to her the biggest challenge for the principle of mutual trust lies in providing limitations to it without upsetting… » read more

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