Category

Institutional Law

I
3 hours ago

Commission Management of EU Funds Questioned at the General Court on the Grounds of Discrimination Against Persons with Disabilities

By
Eulawlive
2 Min read
21November

Three disability rights organizations have brought an action of annulment before the General Court against the European Commission, for failing to halt EU infrastructure funding used by Bulgarian authorities to build institutions for persons with disabilities. Having failed to suspend the projects in Bulgaria, the organizations turned to the European Commission to halt funding to Bulgaria until...

1 day ago

Charter Applicability Under More Favourable Provisions of National Law. The TSN Judgment and the Future of Article 51.1 of the Charter

By
Daniel Sarmiento
7 Min read
20November

Yesterday all the attention was focused on the judgment of the Court of Justice on the Polish judiciary (more on that will follow in this blog). But on the same day, the Grand Chamber and the same reporting judge issued another important judgment that has passed by more discretely: the TSN case, on the scope of application of the Charter when Member States increase the level of protection...

3 days ago

The Rosas Legacy at the Court of Justice

By
Daniel Sarmiento
7 Min read
18November

Allan Rosas left the Court of Justice on 7 October 2019, after almost eighteen years of service as a distinguished member of the EU’s highest jurisdiction. He bears witness to profound changes in the EU’s judiciary, from the time of the pre-accession Court of 2004 to the recent and massive machinery of case-law production in these tumultuous times. One of the most respected judges...

2 weeks ago

Can the EU Launch a Damages Action Against a Member State Using the Infringement Procedure? A Comment on Commission/UK and Commission/The Netherlands.

By
Daniel Sarmiento
7 Min read
04November

After months in the waiting, the Court ruled at last in two crucial infringement actions that put the final piece in the jigsaw puzzle of damages actions in EU law. In Commission/UK (C-391/17) and Commission/The Netherlands (C-395/17) the question of damages actions by the EU against a Member State was put upfront by the Commission, after decades of doubts over the issue. Using once again the...

1 month ago

The Advocate General, according to the European Parliament

By
Eulawlive
1 Min read
17October

The European Parliament has just published a briefing document on the role of the Advocate General at the Court of Justice. For readers interested in better understanding the tasks undertaken by these members of the Court, the briefing offers a comprehensive outlook of the function, profile and impact of the Advocates General in clear and didactic terms. The Advocate General is a major feature of...

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