The EU Commission has recently announced that investor-state dispute settlement (ISDS) will no longer be part of its proposals on TTIP. This was the Commission’s response to public contestation and fears that such a mechanism could place unjustified constraints on democratic institutions and on the capacity of states and of the EU to preserve… » read more
SBC (C-355/10) vs Europol (C-363/14): What does the Court do with fundamental rights and essential elements?
September 24, 2015
A little while ago, the judgement in case C-355/10 (Schengen Borders Code (SBC)) received much attention. In this judgement the Court appeared to find an act’s interference with human rights to be an objective factor determining whether it regulated ‘essential elements’ – something that non-legislative acts must not do under Union law. Last week’s judgement… » read more
July 24, 2015
By Eljalill Tauschinsky On July 6, Austria has gone to Court over EU funding for a nuclear power plant in Britain. According to the Austrian public media, Austria argues that nuclear power is a bad policy choice, inherently unsafe and not future-worthy. The case argued before the Court will likely be more about competition policy,… » read more
By Nik de Boer and Chris Koedooder Over the past week, UK Prime Minister David Cameron and his Chancellor of the Exchequer, George Osborne, made a fuss about emergency funding for Greece. The source of their grievances is that some of the funding comes from the European Financial Stabilisation Mechanism (EFSM). Use of this rescue… » read more
By Marc de Werd, judge in the Amsterdam Court of Appeal and professor of European Justice (Maastricht University) Back to the drawing board Much has already been written in the blogospere about the CJEU’s Opinion 2/13 on the draft accession agreement on the accession of the European Union to the European Convention for the… » read more
In the recent news about Greece, there is one issue that keeps on resurfacing: trust. News reports will state that there is a ‘trust gap’ between Greece and the Troika, that creditors don’t trust Greece’s plans and the breakdown of the talks was ultimately caused by a lack of trust between the negotiating parties. In… » read more
Renewed efforts by a small group of member states to take Council transparency forward. by Maarten Hillebrandt The embattled EU is currently dealing with issues within, beyond, and on its borders all at the same time. Within its borders, the fresh conservative government of prime minister Cameron has made its first steps to… » read more
June 5, 2015
Blog by Chris Anderson, University College London Questions of expert and executive power are at the forefront of longstanding debates on risk regulation in the European Union, but the intimate connections between them too often go unexplored. By employing the theoretical tool of coproduction, those connections can be laid bare, and we can begin… » read more
Commission’s right of withdrawal of proposals: Curtailment of the Commission’s Right or Acceptance by the Court of the Commission’s long-standing position?
June 1, 2015
By ACELG’s P.J. Kuijper It is interesting to note that recent blogposts commenting on Case C-409/13 (Council v Commission) by Steve Peers and Laurens Ankersmit largely take the perspective of the Council and the intervening Member States by presenting this as a constraint upon or a curtailment of the Commission’s presumably unfettered right to withdraw… » read more
Michèle Finck, University of Oxford Next month, voters in Luxembourg will have to participate in a referendum (voting is mandatory in Luxembourg) that raises three different questions, among which is the following: do you agree that those residents that are not Luxembourg nationals should be entitled to participate in national legislative elections under the condition… » read more