21 March 2025
Efficiency, but at What Cost
The Commission’s proposal to reform the EU’s legal framework on return is presented as a necessary step to establish a “clear, modern, simplified [system of] […] common rules for managing returns effectively.” This blog post examines whether the proposal lives up to this objective. It assesses the extent to which the proposed changes address the deficits that currently hamper returns and illustrates how the reform would undermine the safeguards of the individuals concerned. Continue reading >>
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20 March 2025
Simplification Promised, Uncertainty Delivered
The EU’s Green Deal had an ambitious goal: to make Europe the world’s first climate-neutral continent. Now, the Commission shifted its focus to instruments like the ‘Clean Industrial Deal’ and prioritizes the EU’s competitiveness: It proposes to drastically cut back core Green Deal instruments in the so-called ‘Omnibus Packages’. This blog post will concentrate on the changes proposed in the field of sustainability reporting in the Corporate Sustainability Reporting Directive and show why the Omnibus Packages now impose substantial uncertainty on companies. Continue reading >>
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18 March 2025
Left Behind
The recently introduced EU Omnibus package aims at “simplifying” corporate sustainability reporting and due diligence requirements envisaged under the European Green Deal. Reflecting on its wider effects on sustainability and human rights for the Global South, this article argues that the reform overlooks the realities of informal economies and risks diminishing the EU’s credibility as the global forerunner for corporate governance. Continue reading >>
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20 February 2025
EU Citizenship Should Not Be Sold
The CJEU is soon to decide upon Malta’s citizenship for investment scheme. Upholding the Commission’s challenge would not deprive Malta of power to confer Maltese citizenship. Instead, it would build on settled jurisprudence that EU law constrains national rules conferring EU citizenship and follow the longstanding direction of travel of the Court’s jurisprudence, which has already overcome objections that it is too radical. Continue reading >>25 September 2024
La Commission, c’est moi?
Contrary to cartoonish portrayals of Ursula von der Leyen as a latter-day Caesar, who may be illegitimately presidentialising the Commission, the current Commission President is merely furthering a more centralised vision of the institution that is implicit in the extent of her organisational powers under Article 17(6) TEU. While there are strong legal and constitutionally moral arguments for an alternative, more plural executive understanding of the Commission, the Treaties leave room for a contest between presidentialist and pluralist visions to take place across time in the political arena. Moreover, a more presidential conception of the Commission, while it may raise some questions regarding the mode of election of the Commission President and the role of the Commission, may also possess some positives. Continue reading >>
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31 July 2024
Breaking Bad all’Italiana
The European Commission's 2024 Annual Rule of Law Report provides some analysis of Italy’s current political and judicial landscape under Meloni’s right wing rule. While the expectations towards the Report were low, the document must be read as a wakeup call, as Italy sets out to be the new Hungary. Continue reading >>
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22 July 2024
A Union of Equality?
Last Thursday, Ursula von der Leyen, the new – and former – President of the EU Commission presented the ‘Political Guidelines for the next European Commission 2024-2029’, her ideas and priorities for the coming mandate. This blogpost will examine whether the Guidelines are living up to the scale of the gender-related concerns and challenges that are facing the Union, as Ursula von der Leyen promises. It identifies a shift in tone in the Commission’s pledges to promoting gender equality and outlines some proposals that the German Women Lawyers Association (djb) has advanced in order to help tackle these challenges. Continue reading >>
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14 April 2024
Citizenship for Sale (Commission v Malta)
The Maltese “passports for sale” (Golden Passports) was big news a year or two ago but has now disappeared below the radar of public attention. Yet, the mills of justice might grind slowly, but grind they do. The case brought by the Commission against Malta is scheduled to be heard by the CJEU sometime later this year. So, Malta offers passports for sale. Quelle Horreur! I hear you sniffing with disgust and indignation. They sell their citizenship, and hoopla – automatically these new citizens, ipso facto and ipso jure are European Citizens enjoying all the rights and duties which attach to such. Continue reading >>28 February 2024
Risky Recommendations
2024 will see numerous elections, including the European Parliament Elections in June. The Digital Services Act (DSA) obliges Big Tech to assess and mitigate systemic risks for “electoral processes”. The Commission published Draft Guidelines on the mitigation of systemic risks for electoral processes and sought feedback from all relevant stakeholders. While the protection of election integrity is a laudable aim, the Guidelines as proposed would not rebuild but further erode citizen trust in the digital environment and democratic processes. The recommendations are too vague, too broad and too lenient as regards the suggested cooperation between Big Tech, civil society and public authorities. Continue reading >>15 December 2023
Orbán’s Veto Play – The Subsidiarity Card
Viktor Orbán is known to use veto threats in the European Council to get his way. This time, he was keen to see that after months of tense exchanges with the Commission, Hungary gets access to EU funds that had been blocked in order to achieve compliance with the rule of law and fundamental rights conditionality. So, PM Orbán saw it fit to loudly contest Ukraine’s accession and the financial aid package of 50 billion Euros. This may be PM Orbán’s strongest veto play to date. Continue reading >>
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