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Institutional Law

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Democracy and the Rule of Law in the EU’s External Action – Council Conclusions

Yesterday the Council adopted a position on democracy in the global context, recognizing the fact that  democracy is being challenged and called into question throughout the world. In its press release, the Council admits that while democracy remains strong in many countries, in others there is a growing trend towards authoritarianism. The Council noted that the challenges to democracy are multi...

Judge Fernlund’s Goodbye

Judge Carl Gustav Fernlund departed the Court of Justice on 7 October 2019, after eight years serving as Sweden’s judge at the Court. An experienced administrative judge with a strong background in taxation, he replaced the highly-experienced Pernilla Lindh in her post after her retirement. The Court profited from his exhaustive understanding of tax law, a subject matter in good need of...

To Be or Not to Be… “a Jurisdiction”. A Comment on the Banco Santander Case

Yesterday, Advocate General Hogan delivered an eagerly awaited Opinion in the case of Banco Santander, in which the Court of Justice will review its position on the concept of “jurisdiction” eligible to make a preliminary reference. The case is highly relevant for several reasons. First, the Court is signalling its intention to make a statement by sending the case to the Grand Chamber. Although...

The General Court’s New Dawn

It is ironic that only two days after celebrating its thirtieth anniversary, the General Court was radically rebooted and transformed into quite a different jurisdiction. On Thursday 26 of September, with the entry of office of fourteen new judges, the appointment of a new President and Vice-President, the enactment of new procedural arrangements and the imminent exit of the UK, quite a lot...

Extraterritorial Enforcement of Fundamental Rights after Google v CNIL

The judgment of the Court of Justice in case C-507/17 Google v CNIL addresses the territorial scope of the ‘right to be forgotten’ (RTBF). In its earlier landmark ruling Google Spain, the Court held that search engine operators may be obliged to de-reference personal data, removing them from the results returned by the search engine. However, neither the Court in Google Spain nor the EU...

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