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...
Since the establishment of the WTO, the promise was made that the world would finally have an effective system of enforcement for trade and IP law. Peter van den Bossche discusses the American boycott of the Dispute Settlement System (DSS) under the WTO, in light of the TRIPS Agreement, at the IGIR...
The very recent ruling of the CJEU in DK (C-653/19 PPU, 28 November 2019) came to verify two quite depressing suspicions about the current status of European criminal law. First, Directive 2016/343 on the presumption of innocence remains an instrument with staggeringly limited applicability...
On December 10th 2019, the Appellate Body (AB) of the WTO will remain with one judge only, Ms. Zhao Hong (China). This will impair the functionality of the AB as it requires three judges to operate. At the IGIR – IEEM IP Seminar in Macao, Peter van den Bossche discussed potential alternatives to a...
When the three main institutions adopted the Common Approach on EU Decentralised Agencies in 2012 one of the few innovative elements in this otherwise disappointing non-binding interinstitutional agreement were the provisions dedicated to the selection of the seat of EU agencies. As many EU-watchers...
When the European Council, on 29 October 2019, decided to extend the withdrawal negotiation period until the 31st of January 2020, it became clear that this extension would bear implications also for the composition of the new Commission. Indeed, in recital 11 of the European Council’s decision, it...
The Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS) is a milestone. It allowed intellectual property (IP) to become far more present in society than ever before, connecting it to trade. But has this milestone, come for good, for better, or worse? TRIPS was understood to be...
Is there an impact of Brexit on corporate mobility in the form of companies incorporated in the United Kingdom making use of as cross-border mergers, conversions, divisions or seat transfers of SEs (hereinafter also ‘cross-border transactions’) in order to exit the United Kingdom towards Member...
Administrative law, and specifically the law concerning judicial review of administrative action, has been regarded by doctrine until the second half of the twentieth century as a product of the national history and tradition of a state, and hence, because of the different national traditions, as an...
It is now almost ten months since the Court of Justice handed down its ruling in Case C-621/18 Wightman and Others v Secretary of State for Exiting the European Union. At the time of the ruling, I felt that the Court of Justice had got its ruling wrong, profoundly wrong in fact.
