15 May 2024
The New Transgender Ruling in Czechia
In a recent decision in the case of N.G. (Pl. ÚS 52/23), the Czech Constitutional Court (CCC) addressed the pressing issue of trans persons’ rights, more specifically the requirements for legal gender reassignment, involving (often involuntary) sterilisation and castration. When compared to the earlier decision in T.H. (Pl. ÚS 2/20), the new ruling represents a major shift. In fact, the CCC changed its legal position by 180 degrees, giving preference to protecting individual rights over deferring to the legislator’s choices. Continue reading >>
0 
20 February 2024
The CJEU’s Feminist Turn?
In Case C-621/21, the Grand Chamber of the Court of Justice of the European Union (CJEU) held that women in general and women facing domestic violence in their country of origin in particular, qualify as a protected ‘social group’ under EU Directive 2011/95 and thus avail themselves for refugee status or subsidiary protection in the Common European Asylum System. This contribution applies the perspective of feminist approaches to international law to critically analyze what this decision means for women and victims of gender-based violence – in- and outside of the European Union. Continue reading >>
0
13 October 2023
A Hidden Success
Following the EU General Court’s dismissal of the complaint of WS and other asylum seekers against Frontex in its ruling on September 6, 2023, scholarly commentary has largely expressed disappointment. However, a more optimistic way of reading the judgement is also possible. By declaring the lawsuit admissible, the court confirmed that factual misconduct by Frontex can be addressed with action for damages claims – and this in itself is a major step forward in the system of fundamental rights protection in the European Union. Continue reading >>
0
12 September 2023
The Price of Transatlantic Friendship
While the citizens of most EU Member States enjoy visa-free travel to the US, citizens of Bulgaria, Romania and Cyprus do not. Following the Commission’s repeated refusal to activate the reciprocity mechanism in EU visa law to remedy this inequality in access to visa-free travel, the European Parliament asked the CJEU whether the Commission was under an obligation to do so. The Court answered in the negative, holding instead that the Commission had wide discretion in this regard. Its reasoning centers the sensitive political nature that visa retaliation vis-á-vis the US implies, while failing to instill a sense of urgency in working towards equal treatment of EU citizens. This threatens to perpetuate a situation in which the advantages of supranational integration in the context of the Schengen acquis are permanently withheld from nationals of Romania, Bulgaria and Cyprus. Continue reading >>16 May 2023
Strawberry Fields Forever
Reading the brilliant blog post of my colleague Teresa Navarro, one may get the impression that the situation in Doñana is principally the epitome of an ongoing electoral process. However, the threats to the ecological integrity of that unique natural space emanate from the very origins that justified its protection. The current crisis is but the culmination of the constant and serious threats, caused by the proposed bill to legalize new irrigation and aggravated by incompetence and lack of responsibility of the state, regional and local authorities ignoring the requirements of EU law. Continue reading >>
0
04 November 2022
Uniform Interpretation and Primacy of Union Law in the Dialogue of the Courts
The issue of uniform interpretation and primacy of Union law raises a fundamental question concerning the allocation and distribution of judicial power in the European Union. From the point of view of Union law practice, however, the discussion, which is now beginning with renewed vigor, seems strangely out of touch with the times. Without offering any solutions or "last words" in this debate, some remarks on the current EU treaty law and its interpretation are in order. Continue reading >>
0
02 November 2022
Between preservation and clarification
When assessing the liability rules in the DSA it is evident that the its emphasis has been on preservation of the E-Commerce Directive's rules. However, that does not mean that nothing at all has changed. In fact, a closer look reveals that in some respects a notable evolution has taken place. Continue reading >>
0
27 October 2022
Einheitliche Auslegung und Vorrang des Unionsrechts im Dialog der Gerichte
Die Frage nach einheitlicher Auslegung und Vorrang des Unionsrechts wirft eine Grundsatzfrage nach der Zuordnung und der Verteilung justizieller Macht im Rahmen der europäischen Integrationsgemeinschaft auf. Aus Sicht der unionsrechtlichen Praxis erscheint die nun mit neuer Vehemenz einsetzende Diskussion jedoch aus der Zeit gefallen. Es bedarf eines gewandelten Verständnisses der überkommenen Staatlichkeit um angemessen auf die aktuellen Herausforderungen zu reagieren. Continue reading >>21 October 2022
Towards a data-subject-friendly interpretation of Article 82 GDPR
Under the GDPR, Article 82 is the only instrument to claim compensation resulting from data protection infringements. So far, it has not been interpreted by the CJEU. To date, nine preliminary references on the interpretation of Article 82 have been made by national courts. On 6 October 2022, Advocate General Sánchez-Bordona delivered his Opinion in one of them. Since it will be the first CJEU judgment on this subject, it will have a profound impact on the further development of EU data protection law, in particular, its private enforcement. Continue reading >>18 October 2022