Latest blog articles
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With its judgment in case Stichting Rookpreventie Jeugd and Others (C-160/20) of 22 February 2022, the Grand Chamber of the Court of Justice of the European Union (Court of Justice) has set a fundamental milestone on the legal status and consequences of incorporating global standards in EU...
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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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The completion and consolidation of the EU internal market has relied on the rule-making activities of private actors for more than three decades now. Following the regulatory technique of the New Approach, EU institutions have entrusted standard-setting organisations, composed of experts and...
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Today in times of pandemic hospitals face a crisis of scarce resources. In many places this has already led to measures of triage where critical medical care is rationed to those who are most likely to benefit from it. In other places, it is clear that such measures will soon need to be taken.
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The European Environmental Agency (EEA) has recently published its latest ‘State of the Environment’ report (SOER 2020). Published every 5 years as part of the tasks of EEA’s mandate, the report contains a comprehensive assessment on the state of, trends in, and prospects for the protection of the...
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I wrote my PhD towards the last days of the debate over “social rights”. This debate harkens back to the fifties, when the International Covenant on Social and Cultural Rights was being negotiated. Some claimed that social rights could never be true rights. Others claimed that without social rights...
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In this entry I want to mention four considerations that suggest that human rights lawyers should be cautious in embracing basic income as a replacement for human rights. These reflections should be seen as merely exploratory. The basic income in full has never been put in practice, and consequently...
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To speak of economic justice today is to speak of the basic income. A basic income can be defined as an unconditional cash payment to all persons who form part of a political community. As automation increases, there is fear that labor will be replaced by “robots”. The basic income seems to be a...
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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...