If any of you are interested in EU law litigation at national courts, the Court of Justice’s judgment in Eurobolt (C-644/17) is well worth your time.
The question at stake concerns whether a national court can request information from an EU Institution in order to rule on the validity of an EU act. Needless to
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Should Constitutional Courts be guardians of the duty to make a preliminary reference?
Here is an interesting case for the many fans of the preliminary reference procedure.
A Constitutional Court of a Member State introduces a case-law that imposes on all courts of last instance a duty to make a preliminary reference pursuant to Article 267 TFEU as a question of constitutional principle. Thus, if a Supreme Court…
Crossing the Baltic Rubicon
In a classic work of American constitutionalism, Bruce Ackerman refers to the “constitutional moments” that define the political arrangements enshrined in a Constitution. In Ackerman’s work this development takes place in a paradoxical way, because such “constitutional moments” of US history do not involve an amendment of the written Constitution. They simply happen and then…
A tribute to Gil Carlos Rodríguez Iglesias
This morning, Gil Carlos Rodríguez Iglesias passed away. The first Spanish judge at the Court of Justice and its President from 1994 to 2003, we sadly lose today a powerful intellect that inspired many European lawyers.
Gil Carlos was the first of a generation of young Spanish lawyers that excelled in the newly democratic Spain…
The Year of the Infringement
Happy 2019! I wish all the readers of this blog a very successful and eventful new year.
And to start 2019, nothing better than a post on naughty States and the stellar role recently played by infringement actions before the Court. Who would have thought that the infringement procedure would be close to outmaneuver the…
Brexit and EU Citizenship After Wightman
The Wightman case is a landmark decision of the Court of Justice that deserves careful attention. The speed at which developments are taking place in Brexitworld are probably clouding our eyes for the time being, but in the following months a more thorough analysis of the judgment will probably emerge and provide further insight into…
Sharpening the Teeth of EU Social Fundamental Rights: A Comment on Bauer
Tuesday was a big day in Luxembourg. The Court of Justice rendered what is probably the most important set of judgments on fundamental rights in a long time. Since the days of Akerberg Fransson, Digital Rights, Melloni, etc…, the Grand Chamber had not delivered such a principled decision on the thorny issue of fundamental rights,…
Interim Revolutions
The decision of 19 October of the Vice-President of the Court of Justice, ordering the Republic of Poland to suspend the effects of the Judiciary Reform Act and, in particular, to ensure that no sitting judge is removed as a result of the new retirement age, is revolutionary to say the least. The Court has…
Judicial Infringements at the Court of Justice – A brief comment on the phenomenal Commission/France (C-416/17)
One of the fascinating features of EU law is that no matter how well established its classics may be, they are revisited over and over again. If you thought you had seen it all about preliminary references, think twice. Always think twice, because you can never be fully sure until the Court’s next judgment.
Last…