Happy 2024 Dear Readers! We are starting a new year of reporting with the reference to the last week’s judgment in the Polish case referred to the CJEU as Getin Noble Bank and Others (C-531/22 – not yet available in English, but accessible in other languages). This judgments continues to provide guidance on the application of the…
The Protocol In order to keep the Irish territorial border between the Republic of Ireland and Northern Ireland frictionless, the relevant Protocol attached to the UK’s Withdrawal Agreement provides for a rather ingenious solution. The Protocol recognises that de jure Northern Ireland remains within the UK customs union, but EU customs legislation will still apply to the region…
The European Court of Human Rights has determined in a landmark decision that the use of a messaging app such as ByLock does not automatically make someone a terrorist. Solid evidence is needed. This was decided in the Yüksel Yalçınkaya v. Turkey case, a milestone for the Turkish judiciary. In this judgment, the Grand Chamber…
Read More “Does texting make you a terrorist in Turkey? European Court says no” »
The EU-UK Trade and Cooperation Agreement contains a number of provisions ‘locking-in’ the UK’s continued commitment to the European Convention on Human Rights (ECHR). As with many other areas, far from closing arguments about the ECHR and human rights after Brexit, the deal shifts them further down the road, writes Frederick Cowell (Birkbeck College). The…
Read More “The Brexit deal locks the UK into continued Strasbourg Human Rights court membership” »
The European Federation of Academies of Sciences and Humanities (ALLEA) has for many years supported the move away from proprietary models of scholarly publishing towards Open Access (OA).[1] ALLEA, therefore, welcomes the recognition in the laws of an increasing number of European countries of so-called ‘Secondary Publication Rights’ (SPRs) that allow publicly funded researchers to…
Read More “ALLEA Statement in Support of Secondary Publication Rights for Scholarly Articles” »
In a judgment dated 3 April 2024, the Swiss Supreme Court (the “SSC”) rejected Spain’s challenge of an arbitral award rendered in an intra-EU arbitration under the Energy Charter Treaty (the “ECT”). This post addresses the most salient point of this decision, i.e. the SSC’s rejection of the Achmea and Komstroy judgments of the Court…
Read More “The Swiss Supreme Court Upholds an Intra-EU Award Under the ECT” »
Giulia Calini, LL.M. in Law and Sustainable Development, University of Milan. The European Union’s decisions are taken on the basis of the rule of law, which EU Justice Commissioner Viviane Reding defined as ‘a system in which no one, no government, no public official, no dominant company, is above the law. It means equality before…
Read More “the Rule of Law Crisis in Hungary – International Law Blog” »
On October 10, 2024, the Council of the European Union (the “Council”) adopted the EU’s new regulation on horizontal cybersecurity requirements for products with digital elements (the “Cyber Resilience Act”). The Cyber Resilience Act regulates cybersecurity issues in the design, development, production, manufacturing, and making available on the market, of hardware and software products that…
Read More “Council of the European Union Adopts the Cyber Resilience Act” »
First, it raises questions on whether, even as a ‘non-procurement’ opportunity, this was carried out in a proper way aligned with best practice. An 8-day window to express interest seems very short, especially as potentially interested consultants/consultancies were given very limited information to estimate the scope of works and understand the cost (to them) of…
What is an “Unterlassungsklage”? If you start a business in Germany, it is hard to avoid being taken to court by a competitor who files a German cease and desist order lawsuit against you in order to tell you what you are allowed to do and what you are not. Why so? Germans have a…
Read More “The German National Pastime: Filing Cease and Desist Orders” »
