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Justice & EU Litigation

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Resolution Litigation, Standing of Credit Institutions and the Iccrea Banca Judgment of the Court of Justice

For the fans of procedural law and litigation in Luxembourg, the Grand Chamber judgment in Iccrea Banca is an important development that deserves close attention. Although it deals with the highly technical subject of bank resolution and contributions to the Single Resolution Fund, it also concerns a principled issue about jurisdiction and standing that will have a lasting impact in other...

“Despite our Differences” – The Book

During the last four years, the blog “Despite our Differences” was a relevant source of comments and developments for the community of EU lawyers. It covered important events like Brexit, the Court’s growing case-law on fundamental rights, the rule of law crisis or the reform of the EU judiciary. Thousands of readers followed regularly the posts and shared them. Now that the...

Limonov v. Russia and the Protection of Political Criticism Under the ECHR

In its final judgment in the case Savenko (Limonov) v. Russia (Application no. 29088/08), delivered this week, the European Court of Human Rights (ECtHR) continues to elaborate its jurisprudence on the boundaries of the freedom of expression in the context of political criticism. The ECtHR found that Russian courts violated Article 10 of the European Convention on Human Rights (ECHR) because they...

Commission refers Spain to the CJEU for infringement relating to its rules on compensation for damages

Yesterday the European Commission decided to refer Spain to the Court of Justice regarding Spanish rules on compensation for damages caused by the state when adopting legislation contrary to EU law. This decision comes under the framework of the infringement procedure against Spain launched by the Commission on 14 June 2017. The Commission considers that Spanish rules are in breach of the...

European Arrest Warrant, the Procedural-Substantive Criminal Law Dualism and the Principle of Legality. Another Brick in the Wall?

Valtònyc is a 25 year old rapper who was sentenced to three years of prison in Spain in 2018 for glorification of terrorism and humiliation of the victims of terrorism (among other charges) through his lyrics. He fled to Belgium after being sentenced, and the Spanish authorities issued a European Arrest Warrant to have him extradited back to Spain. The case is now pending a preliminary ruling...

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