Latest posts
Is the Court of Justice Worried about Accession to the ECHR?
NEW
On 7 July 2010, the official talks have started on the European Union’s accession to the European Convention of Human Rights between the Commission and the Steering Committee for Human Rights. Already on 26 May 2010, the Committee of Ministers...
The Committee Shows its Teeth
NEW
The EU Law Blog has an interesting post on the Committee recently established by Article 255 of the Treaty on the Functioning of the EU. This Committee is in charge of scrutinizing the candidates proposed by Member States to fill the position of Judg...
Coitus Reloaded
NEW
The ECJ has handed its judgment in the Melki case today, although only in French for the time being. The judgment can be accessed here. In general terms, the ECJ rules out the Cour de Cassation’s interpretation of the “priority question o...
Elchinov or Is the ECJ Becoming a Pluralist Court, At Last?
NEW
This question might raise eyebrows, I know. You might react in disbelief. ECJ, pluralist? It makes little sense. After all, pluralism itself is only a passing fad, and the ECJ – the ultimate guardian of the supranational fortress – has been anyth...
Accession to ECHR, Article 267 TFEU and the Role of National Courts
NEW
It is common knowledge that the national courts are key actors when it comes to application and enforcement of EU law. The same holds true in the Strasbourg system which is founded on the principle of subsidiarity - an overarching principle recent...
The mandate, the mandate!
NEW
It appears that the Council’s mandate to the Commission concerning the EU’s accession to the European Convention of Human Rights will very soon be agreed. Many interesting issues lie ahead, and they are all of the utmost importance for EU...
Guest Blogger: Tu Thanh Nguyen on Case T-432/05 EMC Development
NEW
EMC Development AB v Commission: Standardisation under EU Competition Law On 12 May 2010, the General Court (GC) delivered its judgment in Case T-432/05 EMC Development AB v. Commission. This judgment relates to a review of the legality of the Commis...
Bosphorus Forever?
NEW
The accession to ECHR may put an end to the logic of ‘presumption of equivalence’ and ‘manifest deficiency’ coined by the Bosphorus case (Decision of 13 September 2001 Application No 45036/98 Bosphorus Hava Yollari Turizm AS v. Ireland). T...
Laval - Again
NEW
On 6 May 2010, an extraordinary appeal has been lodged before the Supreme Court (Högsta Domstolen) against the judgment of the Labour Court (Arbetsdomstolen) of December 2009 by the Swedish trade unions. It is argued inter alia that the Labour Court...
Guest Blogger: Alberto Alemanno on the launch of the European Journal of Risk Regulation (EJRR)
NEW
Following the invitation of the Editors of adjudicatingeurope.eu, I am delighted to introduce you to the recently launched European Journal of Risk Regulation. This new academic referred journal reflects the growing importance of both national and Eu...
Coitus Interruptus
NEW
Yesterday, May 12, the Conseil Constitutionnel has put an end to the Cour de Cassation’s reference, which was starting to become a considerable headache for many. You can read the judgment here. The Conseil has confirmed that the Cour de Cassat...
A Challenge to the French Constitutional Reform Submitted to the Court of Justice by the Cour de cassation
NEW
Since 1 March 2010 ordinary courts in France can challenge conformity of legislation to the French Constitution in a special form of procedure called “la question prioritaire de constitutionnalité” (QPC, translated as “a priority preliminary r...
Jazz, Contrapun(c)t(u)al Law, Legal Dissonace and Other Musicological Metaphors in Law
NEW
When reading late John Hart Ely’s “Another Such Victory: Constitutional Theory and Practice in a World Where Courts Are No Different From Legislatures”, a rather bitter critique of theories of constitutional adjudication that advocate understan...
Google France coming up tomorrow
NEW
For all those of you waiting on Google France, tomorrow, Tuesday, is the big day. Will AdWords come, or will they not, under EU trade mark provisions? Tomorrow we shall know...
Citizenship on the move
NEW
Ibrahim, Teixeira and Rottmann are a trinity of recent citizenship cases that prove how the Court can strive to move on in sensitive areas, despite recent drawbacks. Ibrahim and Teixeira are vivid family rights cases in which social advantages of non...
New Judges at the ECJ and the General Court
NEW
The Netherlands has recently made public its proposal to the Council for the replacement of judges Timmermans and Meij, who will shortly leave the European Court of Justice and the General Court, respectively. The government has proposed Sacha Precha...
The 2009 Top-Ten and Five
NEW
2009 is now long past and gone and Adjudicating Europe sees the time fit for some retrospection. The past year was probably not the most glorious for the European Court of Justice. No groundbreaking decisions seem to have been delivered, and no major...
Blogsphere at last?
NEW
In Adjudicating Europe’s Opening Post, the Editors were critical of the lack of a fully-developed blogsphere on European Union Law. But Julien Frisch, in his Watching Europe blog, has proved that the EU Law blogsphere is coming alive! In an exc...
In Defence of Paragraph 22
NEW
The Court of Justice in Kücükdeveci (para 21) has clearly confirmed its decision in Mangold (para 75). Indeed, it made clear that the existence of a principle of non-discrimination on grounds of age must be regarded as a general principle of Europe...
Pierre Pescatore
NEW
Today, on 2 February 2010, Pierre Pescatore passed away. European Law, Law, Europe, has lost a great mind, a great man, a great European. Hardly any single individual has contributed to European Law in the way and scope that Pierre Pescatore did. We...
