ACELG

In the period since the entry into force of the Lisbon Treaty, Member States have more and more often and more and more passionately challenged the Union’s exercise of external relations powers conferred to it under the Lisbon Treaty. In the words of Advocate-General Kokott in her Opinion in the Antarctica cases legal actions are… » read more

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Introduction Case C-244/17 – Commission v Council (PCA with Kazakhstan) is one of the most recent cases in the long list of external relations cases and Opinions decided by the Court (in most cases in its Grand Chamber composition) since the entry into force of the Lisbon Treaty (beginning with Dai-Ichi Sankyo, Case C –… » read more

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In a Grand Chamber ruling of 4 September 2018, the European Court of Justice annulled two decisions of the Commission to refuse access to documents on impact assessment reports in environmental matters. The decision is an important precedent to ensure greater transparency of the EU institutions at the early stages of legislative action – arguably… » read more

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On 12 September 2018, the European Parliament will vote on a proposal to trigger Article 7 of the Treaty of the European Union against Hungary. It is a proposal based on a report prepared by MEP Judith Sargentini (Greens, Netherlands) that recommends to activate Article 7 TEU against Hungary and call on the Council to… » read more

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Money is a border-drawing tool. It can determine who gets or who does not get permission to enter. But money determines patterns of migration and policies towards migrants also in many other ways. At times, money serves explicitly as a selection mechanism for migration and at times, the border-drawing role of money is more secretive.… » read more

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More than a ‘Procedural’ Revision The European Union for the past few years has faced significant crises of political and economic nature. It has to deal for the first time in its 60-year history with a Member State wanting to exit from the Union; with hostility by and even trade wars with what used to… » read more

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The recent judgment of the Court of Justice CJEU) in the so-called Achmea case[1], has given rise to a lot of comments. Now we also dispose of the reaction of the Netherlands government to the case, which can be characterized as quite radical: in the end, all intra-EU bilateral investment treaties (BITs) should be terminated.… » read more

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After last week’s Achmea ruling of the Court of Justice (CJEU) Member States can no longer legally go ahead with ratifying CETA – the mixed Free Trade Agreement that the EU and its Member States agreed with Canada. Achmea casts serious doubts on the legality of CETA’s investment chapter, which allows investors from one Party… » read more

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  The duty of solidarity between EU Member States Although the Court of Justice of the European Union (CJEU) long ago characterised the deliberate refusal of a Member State to implement EU law as a ‘failure in the duty of solidarity’ that ‘strikes at the fundamental basis’ of the EU legal order (Case 39/72, para.… » read more

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Immediately after the devastating effects of hurricane Irma in the Caribbean became clear, Dutch media often spoke of the lack of EU support for the Dutch island of Sint Maarten, the island that was hit particularly hard by the cyclone. True enough, the EU funds readily available for the Caribbean island of Sint Maarten are… » read more

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