An Early Deal-Breaker? EU Citizens’ Rights in the UK after Brexit, and the Future Role of the European Court of Justice

The UK has finally made an offer to allow some EU citizens to retain some rights in the UK after Brexit. There are two sets of issues that arise: the substantive rights that will need to be agreed to, and the enforcement of these rights. The UK government confirmed that the arrangements on offer will be enshrined and enforceable in UK law, that commitments in the Withdrawal Agreement will have the status of international law, but that the CJEU will have no jurisdiction in the United Kingdom. Despite this, there remains much uncertainty.

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Judicial Trust as a Zero-Sum Game in Turbulent Times

The current European Rule of Law crisis has resulted in a situation of distrust between national and European institutions, which has led to the necessity to reflect about the relevance of trust and its implications for the creation and sustainability of a European legal area. In this regard, Prof. von Bogdandy has recently stressed in this blog the importance of trust as a crucial element for promoting cooperation in multi-level systems, like the EU, where non-strict hierarchical relationships between national and EU institutions are articulated. In this post, I argue about the importance of trust among judges in the European legal system based on recent empirical findings.

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Judicial Review of the EU’s Common Foreign and Security Policy: Lessons from the Rosneft case

On 28 March 2017, the Grand Chamber of the EU Court of Justice (CJEU) decided in a preliminary ruling that the restrictive measures adopted by the Council against Russian undertakings, including oil company Rosneft, are valid. The judgment is of constitutional significance. It clarifies the scope of the CJEU’s jurisdiction with respect to acts adopted in the sphere of the EU’s Common Foreign and Security Policy (CFSP). In particular, it reveals that the EU system of judicial protection fully applies in relation to restrictive measures against natural and legal persons (so-called ‘targeted sanctions’).

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