Category

Justice & EU Litigation

J

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...

The Advocate General, according to the European Parliament

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...

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...

Defamation of Judges and the Limits of Freedom of Expression of Lawyers. The ECHR rules in the case of L.P. and Carvalho versus Portugal.

The European Court of Human Rights delivered an important judgment this week in the case of L.P. and Carvalho v. Portugal, concerning the freedom of expression of lawyers expressing criticism over judges’ actions. The case concerned findings of liability against two lawyers for defamation (L.P.) and for attacking a person’s honour (Mr Carvalho) in respect of two judges, on account of documents...

Categories