13 January 2026
Simmenthal in Strasbourg
In Europa Way S.r.l. v. Italy, the ECtHR delivered its judgment on 27 November 2025. For the first time, the ECtHR required domestic courts of EU Member States to set aside national legislation that is incompatible with EU law, thereby aligning itself with the strand of case-law of the CJEU dating back to Simmenthal II (1978). While this alignment with EU law is to be welcomed in principle, the way in which the ECtHR assessed the legal consequences arising from the CJEU’s prior judgment is doctrinally questionable. Continue reading >>
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09 June 2022
How the Data Retention Legislation Led to a National Constitutional Crisis in Portugal
Some weeks ago, the Portuguese Constitutional Court (PCC) triggered a heated political debate on the need to amend the Constitution to grant criminal investigative authorities access to metadata on personal communications. Whilst disagreements between the political branches and the constitutional jurisdiction are common, this conflict is located at a wider critical juncture that intersects EU and national constitutional law, the CJEU, the domestic constitutional court, and ordinary courts. Continue reading >>
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