ACELG

Archives for Case law

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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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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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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By Tomi Tuominen The European Court of Justice (ECJ) delivered its judgment in the much followed case Gauweiler in last June, where it found the European Central Bank’s (ECB) Outright Monetary Transactions programme (OMT) to be legal in light of the Treaties and the Statute of the ECB. Although the outcome of the case and… » 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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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

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