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...
What does the term ‘MOCCA’ evoke in your mind, a kind of coffee or a specific brand? This Kat randomly asked this question to her friends currently at the Max Planck Institute for Innovation and Competition Munich. Most of them regarded ‘MOCCA’ as a kind of coffee instead of a specific brand except...
Nobuki Yamamoto, a Japanese contemporary artist, made an eye-catching work of ‘goldfish swimming in a phone booth’ (‘Work 1’) by December 2000 at the latest. In October 2011, a student organisation called ‘Goldfish Club’ at Kyoto University of Art and Design produced Work 2 and exhibited it for a...
Recently, Chanel Co., Ltd. lost a trade mark infringement case regarding its ‘Double C’ logo in China. The full text of the decision can be visited via here (Google translatable). The case has drawn wide attention and, mostly, negative comments. Does this seemingly-counterintuitive loss indeed, well...
Unrest still reigns in Venezuela and a major question remains unanswered: who is the President at the moment, Maduro or Guaidó? Despite the political aspirations of Guaidó and recognitions to that effect by several States, this blogpost will determine that, legally speaking, Maduro is still the...
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...
A 83-year-old man suffered severe brain damage due to a fall in a bank. The man was brought to a hospital where he died one week later. A medical report then showed that the lack of assistance did not (even partly) contribute to the man’s unfortunate death. Still, the refusal to help had certain...
This second post critically analyzes the decision of the Court, arguing that it is quite unconvincing from different perspectives.
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.
