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Human Rights

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The Trasta Judgment and the Court’s New Approach on Standing Requirements in Actions of Annulment in Banking Supervision

Today, in the case of Trasta Komercbanka (C-663/17 P, C-665/ P and C-669/17 P), the Court of Justice rendered a landmark decision in the field of standing requirements to bring an action of annulment The Court clarified the use of Article 47 of the Charter in the interpretation of Article 267, paragraph 4 TFEU, and it has also rejected the interpretation made by the General Court on the criterion...

The Scope of Application of the Charter of Fundamental Rights is Redefined Once Again – A Comment on IN and IM/Belgium

The judgment in IN and IM/Belgium, delivered yesterday by the Court of Justice, is a relevant development in the definition of Article 51.1 of the Charter of Fundamental Rights and its scope of application when applied by Member States. The judgment is an interesting continuation of the Akerberg Fransson saga which still stirs the passions of EU lawyers. The judgment is relevant because it stands...

The Commission Publishes its Third Annual Review of the Functioning of the EU-U.S. Privacy Shield

Yesterday the European Commission published the third annual review on the functioning of the EU-U.S. Privacy Shield, as a result of the ongoing dialogue between both administrations and high-level meetings held in Washington D.C. on 12-13 September 2019. Although the report is generally positive about the implementation of the Privacy Shield in the U.S., it points out several issues that remain...

The Advocate General’s Role Reviewed Again in the European Court of Human Rights. The Case of Venet vs Belgium

In Venet vs. Belgium, the European Court of Human Rights has once again declared a breach of the Convention as a result of the role played by the Advocate General in a national procedure. This is not the first time that the Advocate General of the Belgian Cour de Cassation comes under scrutiny in Strasbourg, but it adds further doubts in a long array of negative judgments putting pressure on the...

Book Review: “The Court of Justice and European Criminal Law”, by V. Mitsilegas, A. Di Martino and L. Mancano (eds.), Hart, 2019.

For decades, criminal law was never much of an attraction for Community lawyers. The creation of an internal market was mostly the task of trade lawyers and economists at first. It was the success and breadth of the common market, muted in 1992 into an internal market, that changed the landscape and turned criminal law into a familiar topic in EU law literature. But however familiar it became...

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