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Andrés Delgado Casteleiro – Taking Back Control Over Trade Policy: Art 50 TEU and the Repatriation of Trade Powers

By Dr Andrés Delgado Casteleiro (Durham Law School, Durham University) Regardless of the model for the future relationship between the UK and the EU following the BREXIT referendum, it seems clear that at the end of the withdrawal process the UK will have gained the power to design and implement its own international trade policy. … Continue reading

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Dora Kostakopoulou – When Tomorrow Is Yesterday: The Manufacture of an EU Membership Referendum (Part II)

By Professor Dora Kostakopoulou (Warwick Law School, University of Warwick) WHAT IS A STORY? W. B. Gallie, who articulated the ‘essentially contested concepts’ thesis in the mid-1950s,[i] published a book entitled Philosophy and Historical Understanding in 1964. In it, he made a plea towards a more historical understanding of theories, concepts and moral judgements.[ii] He … Continue reading

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Pierre Schammo – The UK’s Five ‘noes’ on EU Economic Governance

By Dr Pierre Schammo (Durham Law School, Durham University)   In February this year, David Cameron negotiated a so-called ‘new settlement’ for the UK within the EU.[i] This agreement, which will only come into force if the UK stays in the EU, is supposed to strengthen the UK’s ‘special status’ within the EU. It includes, … Continue reading

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Andreas Georgiou – Anti-Social? A comment on Case C-179/14 Commission v Hungary

By Andreas Georgiou (Durham Law School, Durham University) On 23 February 2016, the Grand Chamber of the CJEU delivered its judgment in Case C-179/14 Commission v Hungary. The Court upheld the Commission’s action for failure to fulfil obligations on the issue of Hungary’s legislative framework for the issuance of tax advantaged recreational vouchers. This comment … Continue reading

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Katarzyna Granat – The draft renegotiation deal: A genuine red card? Tusk’s proposal and national parliaments

This post was originally published on the EU Law Analysis Blog. By Dr Katarzyna Granat (Durham Law School, Durham University) The Draft Decision of the Heads of State or Government, ‘A New Settlement for the United Kingdom within the European Union’, unveiled by Donald Tusk on February 2 2016 offers the first concrete vision of the changes … Continue reading

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Maria Haag – Case C-299/14 García-Nieto and Others: No benefits for economically inactive Union citizens in the first three months abroad

By Maria Haag (European University Institute)   On the 26th of February 2016, the Court of Justice of the European Union (CJEU) gave another judgment on the limits to the right to social assistance granted to economically inactive Union citizens in a host Member State. This decision follows after two recent CJEU cases. In Dano … Continue reading

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Dora Kostakopoulou – When Tomorrow Is Yesterday: The Manufacture of an EU Membership Referendum (Part I)

By Professor Dora Kostakopoulou (Warwick Law School, University of Warwick) W. B. Gallie, who articulated the ‘essentially contested concepts’ thesis in the mid-1950s,[i] published a book entitled Philosophy and Historical Understanding in 1964. In it, he made a plea towards a more historical understanding of theories, concepts and moral judgements.[ii] He correctly pointed out that … Continue reading

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Katarzyna Granat – Cases C-547/14 Philip Morris, C-477/14 Pillbox 38 and C-358/14 Poland v EP & Council – Subsidiarity Scrutiny: Comments on the Opinion of Advocate General Kokott

By Dr Katarzyna Granat (Durham Law School, Durham University) Introduction This note analyses three opinions of the Advocate General (AG) Kokott in two preliminary references of UK High Court of Justice (C-547/14 Philip Morris and C-477/14 Pillbox 38) and the action for annulment brought by Poland (C-358/14) against Directive 2014/40/EU concerning the manufacture, presentation and sale … Continue reading

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Oliver Bartlett – Case C-547/14 Philip Morris Brands – Comment on the Opinion of Advocate General Kokott

  By Oliver Bartlett (Liverpool Law School, Liverpool University) Introduction On 23 December 2015, Advocate General Kokott delivered her Opinion in a number of cases related to the adoption of Directive 2014/40/EU, the long awaited and painstakingly-negotiated revision to the EU’s existing Tobacco Products Directive. One of those cases – Case C-547/14 Philip Morris Brands … Continue reading

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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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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