Latest blog articles
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Breath in, breath out. Yes, the judgment of the (unlawfully composed) Polish Constitutional Tribunal is a serious challenge to the European Union’s legal system and to the principle of primacy of EU law. No, Poland has not activated the process of withdrawal from the EU under Article 50 TEU. Yes, EU...
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With the painful experiences of new Member States breaching the rule of law and democracy principles inside the EU and no tailor-made remedy to punish and enforce EU values, the Commission suggests in its Western Balkans strategy that future accession treaties could provide for such a mechanism to...
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There is wide agreement that the EU has not been effective in dealing with what I would define here as values’ awkwardness, cases in which EU Member States threaten the rule of law and the other common values of the European project. The obvious reference is in this respect to Hungary and Poland...
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After the recent adoption of controversial measures affecting the independence of the judiciary, the Commission has decided for the first time in history to activate Article 7(1) TEU against Poland. This groundbreaking decision opens a wholly new phase in the Polish crisis and has a broader impact...
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My message is, however, that next to the main lines of law’s contents, law students should learn about the ways in which law affects society and its participants. In this connection, they should study selected topics from sociology, but also – and that is the main message here – the cognitive...
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The UK accepted the EU withdrawal negotiating position almost completely - with one exception - the UK does not have to pay for the moving vans of the EU agencies currently hosted in the UK.
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A little bit of provocation sharpens the mind. Let me therefore start with a provocative thesis: Most lawyers have no idea what law is.
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Is there such a thing as ‘European private law’? In my opinion there is not, just as there is no Dutch, French, English, or Chinese private law. Let me explain. Legal rules, including rules of private law, have many characteristics.
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This second post critically analyzes the decision of the Court, arguing that it is quite unconvincing from different perspectives.
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On March 7, 2017, the CJEU concluded that EU law does not oblige Member States to issue humanitarian visa to Syrian individuals and families seeking international protection. Despite the humanitarian disaster in Syria, safe legal routes to Europe remain a mirage.