Latest blog articles
-
Digitalization has gradually changed business models and reshaped human lifestyles. The rise of business models based on the collection and processing of consumer data allows undertakings to charge business customers and final consumers different prices for the same goods or services, offered at...
-
Recently I was interviewed by Dutch news radio station BNR on the question whether there are legal or economic arguments to split up Big Tech companies like Facebook, Google, Amazon, Apple and Microsoft. Because the interview was short, I could not give a truly balanced answer. Rather, from my Law &...
-
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...
-
Recently there has been a strong wave of anti-China sentiments expressed in the media and within certain political circles, both in the United States and within the European Union. The Netherlands has been no exception to this.
-
It is always exciting to await a final decision of the Court of Justice of the European Union. The judgement in C-619/18, Art. 258 TFEU infringement case against Republic of Poland, is even more of a case in point, given its relevance for the European Union values and the mechanisms designed to hold...
-
With Brexit, Yellow Jackets and EU-scepticism dominating the news and everyday discussions, I would like to direct our blog readers’ attention to some of the lessons that law and economics can offer to the (polarizing) debate on the future of the EU.
-
The Polish turn away from democracy, named by Sadurski as anti-constitutional populist backsliding, has taken on a new dramatic and bold turn involving the active use of the available tools by the judges to question and address the rule of law problems in Poland. The judges seem to be fighting back...
-
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...
-
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...
-
This second post critically analyzes the decision of the Court, arguing that it is quite unconvincing from different perspectives.