In 2024, amidst social unrest, the French government banned TikTok in Kanaky-New Caledonia. In April 2025, the Council of State reviewed the ban. This post examines the implications of the judgment through the lens of the legal doctrine on emergency powers – particularly its impact on the separation of powers – and situates it within
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Expressive Empörung
Verliert der US Supreme Court die Geduld mit Donald Trump? Das Urteil A.A.R.P. v. Trump vom 19. April 2025 könnte einen Wendepunkt in der Beziehung zwischen dem Gericht und der Trump-Administration markieren – insbesondere mit Blick auf die Migrationspolitik. Mit sieben zu zwei Stimmen erließ das Gericht eine einstweilige Verfügung, die es der Regierung untersagt,…
Outrage Matters
Is the U.S. Supreme Court losing patience with Donald Trump? A.A.R.P. v. Trump (April 19, 2025) may mark an important shift in the Supreme Court’s attitude toward Trump Administration policies – immigration policies in particular. The justices, by a 7-2 vote, issued a temporary restraining order (TRO) forbidding the government from removing alleged illegal aliens…
(de) la Tour fait le cavalier
On 3 April 2025, Advocate General de la Tour handed down his Opinion in C-713/23, Wojewoda Mazowiecki, a case that further advances the path opened by Coman on the protection of rainbow families through the exercise of free movement and EU citizenship rights. The referring court demanded clarification on the recognition and transcription of…
Balancing Intellectual Property Protection with the Human Right to a Healthy Environment
Criminalising the Legal Profession
Lawyers and bar associations in Turkey have long faced political and legal pressure. The court case against the Istanbul Bar Association that led to the dismissal of its executive board and the criminal prosecution of board members is another troubling instance of such pressure. While the case may seem as an isolated legal dispute, it…
Greenforcement of Intellectual Property Rights
The current practice of enforcement of intellectual property rights (IPR) impacts the environment in many ways. The disposal and destruction of IPR infringing goods are an everyday occurrence throughout the EU, causing waste, pollution of the air and soil (depending on the method of destruction), and also waste of scarce raw materials. There is…
Back to Binary Basics
On April 16 2025, the Supreme Court of the United Kingdom (Supreme Court) delivered its decision on a fundamental question regarding the interpretation of the terms “sex” and “woman” under the Equality Act 2010 (EA) i.e., whether the EA includes trans women with a Gender Recognition Certificate (GRC) issued under the Gender Recognition Act 2004…
Patents and the Right to a Healthy Environment
By Léon Dijkman
As recent political developments make the prospect of a global consensus on – let alone an adequate response to – climate change an ever more distant fantasy, innovation and technology are increasingly looking like the most promising option (not to say last straw) of avoiding an ecological catastrophe. For instance, the International Monetary Fund (IMF)…
In the Name of Primacy
In 1973, Pierre Pescatore noted that “[P]rimacy is an ‘existential requirement’ of EU law”. That statement is even more accurate today considering the growing challenges to this pivotal legal tenet. As a matter of fact, some constitutional courts of the Member States refuse to acknowledge its centrality based on the need to protect the national…