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Latest Posts

Derrick Wyatt – What can the UK reform/renegotiation package really hope to achieve?

    By Professor Derrick Wyatt QC (St Edmund Hall, Oxford) Summary of the paper presented at the seminar at the Durham European Law Institute on 17 November 2015.   THE CONTENT OF THE UK REFORM PACKAGE The UK government’s commitment to reform and renegotiation, followed by a referendum, was contained in the manifesto of the Conservative … Continue reading

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Maria Haag – C‑67/14 Alimanovic: the not so fundamental status of Union citizenship?

On the 15th of September 2015, the Grand Chamber of the Court of Justice of the European Union (CJEU) further clarified the limits of the right to access to social assistance granted to Union citizens in host Member States under EU Law. In November 2014, the Court already established in C-333/13 Dano (see previous DELI … Continue reading

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Maria Haag – File for divorce and leave the country: does the order matter? A Comment on Case C-218/14 Singh and Others

On the 16th of July 2015, the Court of Justice of the European Union (CJEU) delivered its judgment in Singh and Others, concerning the divorce of a Union citizen and a third-country national and the retention of the right of residence of the third-country national in the host Member State. It involved three cases in … Continue reading

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Andrés Delgado Casteleiro – Institutional Balance and the Negotiation of International Agreements

This post was originally published on the EU Law Analysis blog. Introduction In last Thursday’s judgment on the Case C-425/13, Commission v Council, the CJEU was asked to determine the scope of the Council’s powers to issue negotiating directives to the Commission and the role of the special committee overseeing the Commission during the negotiations … Continue reading

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Pierre Schammo – A New Capital Markets Union for the EU

Introduction A few months ago, the European Commission (the ‘Commission’) officially launched a major new EU policy initiative. It proposed to establish an EU-wide Capital Markets Union (CMU). The CMU is a flagship initiative of the Commission. It has ambitious objectives. The project is about completing a single EU capital market, but it is also … Continue reading

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Eszter Harsányi-Bélteki – A call for separation or divorce: A comment on the Resolution on the situation in Hungary adopted by the European Parliament on 10 June 2015

On 10 June 2015 the European Parliament adopted a Resolution on the situation in Hungary. This Resolution does not only follow the ‘Tavares Report‘ of the same body, but a list of opinions and reports from other bodies, such as the Venice Commission, cases in the Court of Justice of the European Union and the … Continue reading

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Oliver Bartlett – The Digital Single Market: A Consumer Protection Analysis

Introduction Last week on Wednesday 6 May, the European Commission announced, with no shortage of media fanfare, the launch of one of the flagship policies of the new Junker regime – the Digital Single Market. The Commission Communication, which provides full details of the ambitions for the strategy, can be found here, while a shorter … Continue reading

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Alan Dashwood – Ending a Bad Marriage with a Messy Divorce – Is this the Future of the UK’s Relationship with the European Union?

This post is an abridged version of the 2015 Durham European Law Institute Annual Lecture, delivered by Professor Sir Alan Dashwood QC in Durham on 27 February 2015. Its substance has been prepared by the DELI Blog editorial team from the full text of the lecture, with the kind permission of Professor Dashwood, and constitutes an … Continue reading

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Andrés Delgado Casteleiro – Four Cases for 2015 (IV) – Opinion 1/15 concerning the scope of the new exclusive competence on Foreign Direct Investment

Background On October the 30th, the Barroso Commission took its last decisions before the end of its term in office. Among those, it decided to request the Court to deliver an opinion pursuant to article 218 (11) TFEU on the competence to conclude the EU-Singapore Free Trade Agreement. According to former Trade Commissioner De Gucht, … Continue reading

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Maria Haag – The Union citizen studying abroad: the “three-out-of-six” rule revisited – Comment on Martens

On the 26th of February 2015, the Court of Justice of the European Union (“CJEU”) decided on a case concerning student grants for Union citizens who do not reside in their home Member State. It follows a line of cases on Union citizenship and the grant of study finance: C-11/06 and C-12/06 Morgan and Bucher, … Continue reading

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Andrés Delgado Casteleiro – Four cases for 2015 (III): Case T-646/14, Micula v Commission – State aids and International Dispute Settlement Systems

Introduction If you read the Daily Mail, you might know the Micula family from the stories about their extravagant way of life. Yet, for EU and international lawyers alike, the Micula surname has the potential of becoming as infamous as the Kadi surname. In case T-646/14 Micula v Commission the General Court is being asked … Continue reading

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Oliver Bartlett – TV advertising of E-Cigarettes: To regulate or not to regulate?

Introduction On 9th October 2014 the Committee of Advertising Practice, the body responsible for producing the codes of practice to which broadcast and non-broadcast advertising in the UK must adhere, published new rules permitting the display for the first time of electronic cigarettes (ECs) in broadcast advertising media. This also marked the first time that … Continue reading

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Andrés Delgado Casteleiro – Four cases for 2015 (II). Article 40 TEU and Pirates Transfer Agreements

Introduction Almost one month before the Court handed down its judgment on Case 658/12, Parliament v Council (Pirates case), the European Parliament brought a new action (C-263/14 Parliament v Council) on the conclusion of another transfer agreement, this time with Tanzania (the previous one was with Mauritius). The main plea for both cases is identical: … Continue reading

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Iva Kovandova – A Brief Comparative Analysis of Predatory Pricing Rules in the EU and the US

Predatory pricing is a competition practice where a firm prices its products below their actual costs so that its competitors cannot keep up and are forced to exit the market. Once competitors are eliminated, the predator, now in the absence of competition, can later increase the price of its own products and recover the losses … Continue reading

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Andrés Delgado Casteleiro – Four EU External Relations cases for 2015: (I) The direct effect of the Aarhus Convention and the implementation exception

Introduction Last year was a very busy year for the Law of EU External Relations. In light of the reforms introduced by the Lisbon Treaty, the Court of Justice revisited some of its fundamental case-law on EU External Relations. Questions concerning the scope and functioning of the powers of the EU in the external sphere … Continue reading

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Maria Haag – Dano: No benefits for the economically inactive Union Citizen

On 11 November 2014, the Court of Justice of the European Union decided a case regarding the limits of the right to access to social assistance granted to Union citizens in host Member States under EU law. The case concerned two Romanian nationals, mother and son, living in Germany. Ms Dano was granted a residence … Continue reading

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Jo Murkens – Would an independent Scotland welcome the EU?

What would be the characteristics of an ‘independent’ Scotland? And what kind of a Member State would it be? Intriguingly, the pro-independence Yes Scotland campaign promises continuity on key issues, such as the currency, the Queen, and the European Union. In a recent paper, Sionaidh Douglas-Scott claims that the process of continuing EU membership for … Continue reading

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Davor Jancic – The Rule of Law Conundrum: Bolstering or Eroding the EU?

Introduction As a cornerstone idea of liberal democracy, the rule of law seeks to guarantee that government and governance operate in accordance with the law and not outside the boundaries of the law, so that the exercise of sovereign authority within a polity is not arbitrary but subject to the requirements of justice, fairness, efficiency … Continue reading

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Daniela Cardoso – The quasi-European citizenship of third-country nationals under association agreements: which challenges for the principle of non-discrimination?

In the European Union, the legal situation of third-country nationals is predominantly established by international agreements. Third-country nationals are not regarded as European citizens but they benefit from some rights associated with such status according to the types of links shared with the Member States. However, these agreements reveal a patchwork of social, political and … Continue reading