Category: European Law

In recent months, Georgia has faced a deepening constitutional crisis. After elections marred with irregularities, the legality and legitimacy of the rule of the present powers-that-be have been questioned domestically and increasingly also internationally. These challenges to its authority have not barred the ruling party – Georgian Dream – from beginning parliamentary sessions as the sole party…

Read More “Recognition of Head of State of Georgia after 29 December – EJIL: Talk!” »

On 20 October, the US and EU and held their first joint summit since June 2021. During the summit, leaders of the US and the EU, including US President Joe Biden, Council President Charles Michel, and European Commission President Ursula Von der Leyen discussed a wide range of topics and issued a joint statement.  They…

Read More “Transatlantic Policy Dialogue: Recap 2023 EU-US Summit” »

Der Beschluss des Bundesverfassungsgerichts zu verfassungswidrigen Befugnissen im Polizeigesetz NRW Zum Jahresbeginn veröffentlichte das Bundesverfassungsgericht einen bereits am 14. November 2024 ergangenen Beschluss (1 BvL 3/22), der die Rechtsgrundlage im Polizeigesetz Nordrhein-Westfalen für längerfristige Observationen bei gleichzeitigem Einsatz technischer Mittel zur Anfertigung von Bildaufnahmen und -aufzeichnungen für unvereinbar mit dem Grundrecht auf informationelle Selbstbestimmung erklärte….

Read More “Nachwirkungen ohne Neuigkeitswert – Verfassungsblog” »

Tiago Sérgio Cabral [Editor of this blog and Project Expert for the Portuguese team in the “European Network on Digitalization and E-governance” (ENDE)] 1. Background The Court of Justice’s decision in Case C- 548/21 (Bezirkshauptmannschaft Landeck) probably got less attention than it deserved from legal scholars due to being issued at the same time as…

Read More “a failure by the CJEU in appropriately balancing privacy, data protection and the interests of law enforcement [1] – Official Blog of UNIO” »

Happy New Year to all our Readers! A couple of posts ago we have commented on the changes that the Compass Banca judgment may bring to the average consumer benchmark (see “Who is the average consumer?…“), although we will need to carefully follow the practical application of this judgment by national courts. Still, it was reassuring…

Read More “Continued broad application in 2024” »

The decision of the Prime Minister Theresa May to stand down if the Parliament approves the Withdrawal Agreement has led a number of passionate proponents of Brexit including Boris Johnson to change their view of the deal. Still, the Democratic Unionist Party said on Wednesday that the Brexit deal and in particular the backstop posed ‘an unacceptable…

Read More “The Backstop and the Constitutional Integrity of the UK — On Secessions, Constitutions and EU law” »

Image by Ronile from Pixabay There is news from Germany on the EU liability concept for indirect infringers. The German Federal Supreme Court (Bundesgerichtshof – BGH) has ruled on the liability of online marketplaces for copyright infringement by their users when uploading copyright infringing photographs. This is the BGH judgment of 23 October 2024 –…

Read More “German news on the EU liability concept for indirect infringers of copyright: A push forward by the BGH for communication to the public – and a step back for reproduction” »

Seven years ago, Germany’s Federal Court of Justice (Bundesgerichtshof, BGH) set off an avalanche that buried most of the European investment arbitration landscape. The BGH’s order of June 3rd 2016 referred to the Court of Justice of the EU (CJEU) a long debated question: Are intra-EU investment arbitrations compatible with EU law? They are not,…

Read More “Will Achmea Trump ICSID in Germany? Bundesgerichtshof Likely to Grant “Anti-Arbitration” Declarations” »

DOJ Finalizes Rule Implementing EO 14117, Establishing New National Security Cross-Border Data Regulatory Regime On December 27, 2024, the U.S. Department of Justice (“DOJ”) issued a final rule (“Final Rule”) implementing Executive Order 14117 (Preventing Access to Americans’ Bulk Sensitive Personal Data and United States Government-Related Data by Countries of Concern) (“EO 14117”), which was…

Read More “DOJ Finalizes Rule Implementing EO 14117, Establishing New National Security Cross-Border Data Regulatory Regime” »

In the Opinion in Kolin Inşaat Turizm Sanayi ve Ticaret (C-652/22, EU:C:2024:212, hereafter ‘Kolin’), Advocate General Collins has argued that only economic operators established in countries party to international agreements on public contracts that bind the EU may rely on the provisions of Directive 2014/25/EU. This would imply that economic operators established in other countries…

Read More “Will the ECJ mandate protectionism in procurement — comments on AG Collins’ Kolin Opinion (C-652/22) — How to Crack a Nut” »