CJEU case law on EU citizenship: normatively consistent? Unlikely! – A response to Davies’ ‘Has the Court changed, or have the cases?’

Alexander Hoogenboom, PhD, MSc. LL.M. Senior Policy Officer at the Dutch Healthcare Authority and associate researcher at the Institute for Transnational and Euregional cross border cooperation and Mobility, Faculty of law, Maastricht University. The position taken in this paper solely reflects the views of the author. Introduction Recent case law of the Court of Justice on EU citizens’ access to benefits has been seen by some as a restrictive turn compared to prior case law, in response to a rise in populism. However, the article by Davies in a recent…

An analysis of the K. & B. ruling of the CJEU

EU Law Analysis: The effectiveness of the right to family reunion of refugees: An analysis of the K. & B. ruling of the CJEU The effectiveness of the right to family reunion of refugees: An analysis of the K. & B. ruling of the CJEU Mark Klaassen, Assistant professor at the Institute of Immigration Law at Leiden University For most EU Member States (the UK, Ireland and Denmark have opted out), family reunion between non-EU citizens residing on their territory and their non-EU citizen family members living abroad is governed…

You can teach a new court Mangold tricks – the horizontal effect of the Charter right to paid annual leave

Filippo Fontanelli, Senior Lecturer in International Economic Law, University of Edinburgh On 6 November 2018, the Court of Justice of the European Union (the Court) delivered three judgments relating to paid annual leave. Some of its remarks transcend the specific topic, and touch on constitutional matters: the impact of the EU Charter of Fundamental Rights on private parties, the allocation of competences between the EU and the Member States, and the application of EU secondary law. These cases teach a couple of lessons, and raise a wider point. The lessons…

EU Law Analysis: Harassment of Human Rights Defenders: Measuring Democracy, Bad Faith and Hidden Agendas

EU Law Analysis: Harassment of Human Rights Defenders: Measuring Democracy, Bad Faith and Hidden Agendas – What Role for the European Court of Human Rights? Harassment of Human Rights Defenders: Measuring Democracy, Bad Faith and Hidden Agendas – What Role for the European Court of Human Rights? Marco Antonio Simonelli, PhD candidate, University of Siena, and Alast Najafi, LLM candidate, University of Leiden In its recent judgment of Aliyev v. Azerbaijan, the European Court of Human Rights (hereafter the Court) activated anew the long dormant Article 18 ECHR (which provides…

A tale of “paraDublin activity”?

EU Law Analysis: The Case of the Administrative Arrangement on Asylum-Seekers between Greece and Germany: A tale of “paraDublin activity”? The Case of the Administrative Arrangement on Asylum-Seekers between Greece and Germany: A tale of “paraDublin activity”? Stathis Poularakis, Legal advisor – Advocacy Officer Médecins du Monde – Greece* *An earlier version of this article was published in Greek on immigration.gr blog. The views and opinions expressed in this article are those of the author and do not necessarily reflect the official policy or position of Médecins du Monde –…

Freedom to insult? Balancing freedom of expression with religious tolerance in ECHR case law

Professor Steve Peers, University of Essex A recent judgment of the European Court of Human Rights has raised again the question of whether there should be limits on free speech when someone might be offended by it – in this case, concerning the Muslim faith. It’s a good opportunity to explain the context of the case and assess what – if any – limits should be acceptable on free speech in such cases. The saga of ES v Austria began at a public seminar on “Basic Information on Islam” organised…

the CJEU gives its first interim measures ruling on the rule of law in Poland

Daniel Sarmiento,  Professor of EU Law at the University Complutense of Madrid* The decision of 19 October of the Vice-President of the Court of Justice, ordering the Republic of Poland to suspend the effects of the Judiciary Reform Act and, in particular, to ensure that no sitting judge is removed as a result of the new retirement age, is revolutionary to say the least. The Court has entered a terra incognita, a place where no previous European court had ever entered into, forcing a sovereign Member State to choose between its membership…

EU Law Analysis: The “Mellifera” case and access to environmental justice under the Aarhus Regulation: new findings, old story

Mario Pagano, PhD candidate in EU environmental law, European University Institute The Aarhus Convention is probably the most important piece of international law relating to environmental democracy rights. Indeed, this UN Convention – adopted in 1998 – enshrines three individual procedural rights having a direct link to environmental protection. These rights (also known as the three Aarhus “pillars”) are the right to environmental information, the right to participate in the environmental decision-making, and the right to access to justice in environmental matters. The Aarhus Convention Compliance Committee (ACCC) is the…

Human rights v the European Arrest Warrant? The legality of surrender detention after 90 days

EU Law Analysis: Human rights v the European Arrest Warrant? The legality of surrender detention after 90 days Human rights v the European Arrest Warrant? The legality of surrender detention after 90 days Joske Graat, PhD student, Utrecht University The Amsterdam District Court, which has the exclusive jurisdiction in the Netherlands to decide on incoming European Arrest Warrants (EAW), currently finds itself stuck between national rules and EU law obligations on detention and provisional release.  According to the Dutch Surrender Act (SA), the requested person needs to be (provisionally) released…

The compatibility of Ireland’s Public Health (Alcohol) Bill with EU law

EU Law Analysis: The compatibility of Ireland’s Public Health (Alcohol) Bill with EU law The compatibility of Ireland’s Public Health (Alcohol) Bill with EU law Dr. Ollie Bartlett, Maynooth University This month the Irish Public Health (Alcohol) Bill completed its passage through the houses of the Oireachtas, after two years and nine months of debate. The Bill introduces five main interventions: minimum pricing of alcoholic beverages; stricter labelling of alcoholic beverages; restrictions on alcohol advertising; the structural separation of alcoholic beverages from other products in retail outlets; and restrictions on…