In a significant step towards enhancing the efficiency of its judicial system, the Spanish Presidency of the Council and the European Parliament (EP) have reached a provisional agreement on reforming the Statute of the Court of Justice of the European Union (CJEU). This agreement, between the Council presidency and representatives of the EP, is in […]
Was man tun kann – Verfassungsblog
Gestern saß ich abends mit ein paar Freunden zusammen, um auf die Grundgesetzänderung anzustoßen, die der Bundestag gestern und der Bundesrat heute verabschiedet hat. Künftig wird keine Regierung legal das Bundesverfassungsgericht aufblähen und mit Loyalisten vollstopfen können, um es als Kontrollinstanz über die Rechtmäßigkeit ihres Handelns zu neutralisieren. Das Volkskanzler-Szenario, das ich vor fünf Jahren […]
Summaries of judgments: Ordre néerlandais des avocats du barreau de Bruxelles and Others v Council
Summaries of judgments made in collaboration with the Portuguese judges and référendaire of the General Court (Maria José Costeira, Ricardo Silva Passos and Esperança Mealha) Judgment of the General Court (Grand Chamber) 2 October 2024, Case T-797/22 Ordre néerlandais des avocats du barreau de Bruxelles and Others v Council Common foreign and security policy – […]
The DMA’s applicability to business-to-consumer services (and how content creators can lead to DMA designation)
The Digital Markets Act (DMA) is a landmark piece of legislation that regulates the conduct of gatekeeper platforms, that is, platforms which (a) offer a “core platform service” (CPS), and (b) act as gateways for businesses to reach end users. The DMA started to apply in May 2023. Since then, an interesting line of case […]
Reaching the Larry David Moment of the Saga — On Secessions, Constitutions and EU law
“I love deadlines. I love the whooshing noise they make as they go by.” With this quote, Douglas Adams managed to capture the feeling that deadlines trigger among students, authors, professionals, academics and millions of others time and again. Since last Wednesday, this quote could easily apply to Brexit as well. The UK’s withdrawal from […]
The return of Ukraine’s stolen children
Nearly 20,000 children have been abducted from Ukraine since the Russian invasion. As peace talks emerge, our gaze must return to these children and the gross violations of their rights. Reflections on ‘After the Rain: Putin’s Stolen Children Come Home’, a film by Sarah McCarthy Last month, I watched ‘After the Rain: Putin’s Stolen Children […]
First draft of the General-Purpose AI Code of Practice has been released
Photo by Mohamed Nohassi on Unsplash The European AI Office is currently facilitating the drawing-up of the General-Purpose AI Code of Practice (the “Code”). The European Commission published the first draft of the Code on 14 November 2024. Further drafts are to be prepared, with the final version of the Code forecast to be released […]
2023 Year in Review: Key Developments in Europe (Investment Arbitration)
In line with the Blog’s tradition of “year-in-review” series, this post looks back at some of the key investor-State arbitration developments that took place in Europe in 2023 as we covered them on the Blog (for relevant previous Year-in-Review coverage, see here and here). With the developments in the modernisation of the Energy Charter Treaty […]
Privacy & Information Security Law Blog
D.C. Circuit Upholds Protecting Americans’ Data from Foreign Adversary Controlled Applications Act as TikTok Ban Dispute Edges Closer to Supreme Court On December 6, 2024, the U.S. Court of Appeals for the D.C. Circuit upheld the Protecting Americans from Foreign Adversary Controlled Applications Act (the “Act”), which is set to take effect on January 19, […]
Interesting AG Opinion on State aid analysis of procurement compliance, definition of public works contracts, and ‘strategic’ use of remedies by contracting authorities (C-28/23) — How to Crack a Nut
On 11 April 2024, AG Campos Sánchez-Bordona delivered his Opinion in NFŠ (C-28/23, EU:C:2024:306). The NFŠ Opinion is very interesting in three respects. First, in addressing some aspects of the definition of public works contracts that keep coming up in litigation in relation to relatively complex real estate transactions. Second, in addressing the effects of […]