31 October 2024
Why the EU Charter Matters
This blog post argues that the most interesting aspect of the Charter of Fundamental Rights at the moment is its impact on remedies in national law. Almost 15 years since its entry into force, it is not unusual to meet domestic lawyers and judges who will voice doubts as to whether the Charter really matters in practice. Yet, through the right to an effective remedy under Article 47, the Charter opens up domestic law for new (or modified) remedies, thus placing national procedural autonomy under greater constraint than it was from the principles of effectiveness and equivalence. Continue reading >>
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30 October 2024
Whither, the EU Charter of Fundamental Rights
So, has the Charter come of age, now that it is nearing its quarter century, and has been binding in force for nearly 15 of those years. No longer is the Charter a “sleeping beauty”, and no longer are fundamental rights mere epiphenomena in EU law – offshoots framed in the amorphous category of “general principles of law” – creations of the EU’s earlier desire for legitimacy in its quest for greater integration. The EU Charter contains the essence of a common language, a currency that all can understand. And the EU is better with it than without it. Continue reading >>
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30 October 2024
The EU Charter’s Odyssey
Since its inception, the Union has grown into a tremendously powerful political actor through ever-increasing legal harmonization. This development has significantly marginalized the role of national apex courts – the lighthouses of democracy. Moreover, the globally observed trajectory of authoritarian forces is shaking EU's roots and questioning the vision of a lasting European polity. To fend off all these challenges, the Union should be centred around the hard-won humanistic freedoms and common values defined in the Charter, serving as a basis for common identification and a canvas to project shared visions of a political entity. Continue reading >>
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29 October 2024
Managing Migration the Italian Way
The Italy-Albania deal provides a new, some say innovative, approach to externalization in migration procedures. It differs from the current EU toolbox, raising issues related to these differences and the treatment of procedural rights. Where these issues arise and how they will be litigated nationally and/or in front of the ECJ is unclear but will shape migration discourses beyond Italy. Continue reading >>28 October 2024
The Missing Chapter
The European Commission’s Annual Rule of Law Report aims to prevent further rule of law backsliding within the EU by examining the rule of law situation in Member States. However, the report is missing an important chapter: the EU itself. On 28 October 2024, the Rule of Law Clinic (CEU Democracy Institute, Budapest), together with experts from across Europe, began bridging this gap by publishing the first report on EU adherence to rule of law standards. Without a meaningful self-assessment of its own compliance with rule of law principles, the EU weakens its credibility, particularly when addressing systemic non-compliance with EU law by Member States. Continue reading >>
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17 October 2024
Unleashing Horizontal State Liability
The Common European Asylum System (CEAS) is under attack. In a recent Judgment against Hungary, the European Court of Justice has unambiguously stated that non-compliance with the rules of the CEAS undermines solidarity between Member States and strikes at the very heart of EU law. Traditional means of enforcement, however, seem insufficient to foster compliance with these rules. Against this backdrop, this blogpost argues for the unexplored avenue for enforcing the CEAS via horizontal state liability. Continue reading >>17 October 2024
Fundamental Rights Score a Goal
Amid the significant number of rulings delivered by the ECJ on 4 October 2024, the long-awaited judgment pitting football against the media stands out. In Real Madrid vs Le Monde, the Court held that excessive defamation damages may breach the freedom of the press and trigger the public policy exception under Brussels Ia Regulation concerning recognition and enforcement of foreign judgments. In doing so, the ECJ allowed national courts to conduct a substantive review of foreign judgments despite the principle of mutual trust, to ensure the enforcement of fundamental rights across the EU. Continue reading >>
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15 October 2024
New Structure, New Priorities
Von der Leyen has recently unveiled the new structure of the next Commission. At first sight it looks like a relatively light structure composed of only three hierarchical levels: the President on top, six Executive Vice-Presidents in the middle and the Commissioners at the bottom. However, as this post will argue, the new Commission is likely to become more hierarchical and less coordinated than before. Moreover, the new structure also reflects changing priorities that will lead to a less green agenda and increased competitiveness of the EU. Continue reading >>
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09 October 2024
Dismissing the Genuine Link by Disregarding Constitutional Principles
The struggle over the Maltese investment citizenship scheme is probably one of the fiercest debates of EU constitutional law. The conflict revolves around the question of whether EU law contains requirements for the acquisition of Union citizenship and whether these requirements consist in a “genuine link” between the respective state and individual. The recent Opinion by AG Collins provides us with an extremely narrow and astonishingly one-sided view. In particular, he seeks to make us believe that there are no sound ways to anchor a genuine link requirement in EU law. Martijn van den Brink finds it “hard to disagree with the Advocate General”. Respectfully, I disagree. Continue reading >>26 September 2024
Towards Shared European Finances
The EU is once again eyeing a workaround to address an emerging challenge. A few days ago, former ECB President Mario Draghi issued a landmark report to stem the EU’s decline, calling for a massive investment of 800 billion euro annually. Draghi’s proposal is in line with an emerging post-pandemic pattern in EU policymaking. This pattern is characterized by flexible, ad-hoc measures that are implemented outside of the bloc’s treaty framework. We celebrate the boldness and effective design of this important template, even as we recognize some legal creativity necessary to carry out bold moves. Continue reading >>
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