ACELG

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Political responsibility of Member States for sensitive EU executive action will be hard to get, but it is worth trying. On 14 February 2017, the European Commission submitted a proposal to reform the EU comitology system. It aims at enhancing the transparency and accountability of implementation of EU law in certain highly contentious policy areas,… » read more

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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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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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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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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

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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

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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

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