By Szilárd Gáspár-Szilágyi
Opinion 2/15 is already causing quite a stir in legal academia. While some take an EU law perspective, others look at it from the perspective of investment law or public international law. In this short post I will not focus on purely legal issues. Instead, I will look at the Opinion’s effects on the EU’s investment policy and propose a change in the Commission’s approach to the negotiation of international economic agreements. Continue reading
By Laurens Ankersmit
Opinion 2/15 might keep legal scholars, practitioners, and policy-makers busy for the foreseeable future. Many aspects of the ruling deserve comment and further discussion (see already for starters the blogposts here, here, here, here, here, and here) and I would like to follow up my previous post with some comments on an intriguing paragraph of the Opinion: paragraph 161 on the possible suspension of the agreement for a breach of one of its ‘sustainable development’ provisions. The ECJ’s statements here touch upon a long-standing debate whether labour and environmental provisions in trade and investment agreements should be enforceable. The ECJ found that Parties could indeed (partially) suspend or even terminate the agreement for breaches of such provisions. Practicalities aside, this finding is certainly a positive step from a social and environmental point of view. Continue reading
By Laurens Ankersmit
Opinion 2/15 on the EU’s powers to conclude the EU-Singapore Free Trade Agreement (EUSFTA) delivered Tuesday received considerable attention from the press. This comes as no surprise as the Court’s Opinion has consequences for future EU trade deals such as CETA and potentially a future UK-EU FTA. Despite the fact that the ECJ concluded that the agreement should be concluded jointly with the Member States, the Financial Times jubilantly claimed victory for the European Union, belittling Wallonia in the process. This victory claim calls for three initial comments as there are aspects of the Opinion that might merit a different conclusion. Continue reading
By Laurens Ankersmit
This blog post summarises my contribution to the Brexit & Environment roundtable organised by the British Academy & EUrefEnv on 30 January 2017. It was published before on the blog The EU Referendum and the UK Environment: an expert review.
The UK government has announced that it will pursue a “bold and ambitious Free Trade Agreement” with the EU. The EU, no stranger to negotiating such agreements, typically includes in its FTAs a chapter dedicated to sustainable development. From the start, it should be clear that these chapters come nowhere near the protection offered by current EU environmental legislation. That said, these chapters may present some opportunities. This contribution seeks to explain the EU’s approach to environmental protection in its FTAs and identifies four key options for a potential future environmental chapter in a UK-EU FTA. Continue reading
By Laurens Ankersmit
To say that the EU’s new generation of trade agreements (such as CETA and TTIP) is politically controversial is becoming somewhat of an understatement. These free trade agreements (FTA), going beyond mere tariff reduction and facilitating hyperglobalization, have faced widespread criticism from civil society, trade unions, and academics. It may come as no surprise therefore that the legal issue over who is competent to conclude such agreements (the EU alone, or the EU together with the Member States) has received considerable public attention, ensuring that the Advocate General Sharpston’s response to the Commission’s request for an Opinion (Opinion 2/15) on the conclusion of the EU-Singapore FTA (EUSFTA) has made the headlines of several European newspapers.
The Opinion of Advocate General Sharpston in Opinion 2/15, delivered on 21 December, is partly sympathetic to the Commission’s arguments on EU powers, but ultimately refutes the most outlandish of the Commission’s claims to EU power vis-à-vis that of its constituent Member States. The Opinion is of exceptional length (570 paragraphs, to my knowledge the longest Opinion ever written), and contains an elaborate discussion on the nature of the division of powers between the EU and the Member States and detailed reasoning on specific aspects of the EUSFTA such as transport services, investment protection, procurement, sustainable development, and dispute settlement.
Given the breadth of the AG’s conclusions, the aim of this post is to discuss the Opinion only in relation to investment protection and to reflect upon some of the consequences for the Commission’s investment policy, perhaps the most controversial aspect of this new generation of trade agreements. Continue reading
Conference « EU Civil Procedure Law and Third Countries: Which Way Forward? »
University of Kiel, 2-3 February 2017. Deadline for abstract submissions : 19 December 2016.
Workshop « International Law in a Dark Time »
University of Helsinki, 22-23 May 2017. Deadline for abstract submissions : 30 December 2017.
Conference « EU Policy on International Investments : Uncertainties, Challenges, and Opportunities »
University of Zaragoza, 20-21 March 2017. Deadline for proposal submissions : 31 December 2017.
IntLawGrrls! 10th Birthday Conference
University of Georgia Law School, 3 March 2017. Deadline for abstract submissions : 1 January 2017.
Workshop « New Challenges for European Solidarity »
University of Cambridge, 9-10 March 2017. Deadline for abstract submissions : 13 January 2017.
Call for papers Jean Monnet Seminar « The EU and Trust in the Online Environment »
Inter University Center, Dubrovnik, 23-29 April 2017. Deadline for abstract submissions : 31 January 2017.
ESIL Annual Conference 2017 : Global Public Goods , Global Commons, and Fundamental Values : The Responses of International Law
University of Naples, 7-9 September 2017. Deadline for abstract submissions : 31 January 2017.
Call for submissions : Trade, Law and Development Special Issue on Recent Regionalism
Deadline for submissions : 15 February 2017.
Call for papers : « Human Dignity and the Constitutional Crisis in Europe : Humanity, Democracy, Social Europe »
European University Institute, Florence, 15-16 June 2017. Deadline for abstract submissions : 28 February 2017.
European Environmental Law Forum 2017 Conference : « Sustainable Management of Natural Resources – Legal Approaches and Instruments »
Copenhagen, 30 August – 1 September 2017. Deadline for abstract submissions : 17 March 2017.
By Jessica Lawrence
What is the scope of the marketing ban on cosmetics containing ingredients that were tested on animals? Does it include cosmetics that were tested on animals because of the requirements of a third country’s laws? This was the question the CJEU addressed in its decision in the European Federation for Cosmetic Ingredients case. The Court’s 21 September 2016 judgment goes some way toward resolving the lack of clarity of the animal testing provisions of the Cosmetics Regulation (which Advocate General Bobek’s Opinion referred to as ‘not well drafted’ and ‘not a paragon of clarity’ (AG’s Opinion paras 74 & 24)). But it also continues a recent line of cases in which the Court approves of EU rules with important extraterritorial effects. Continue reading
By Laurens Ankersmit
Last Thursday, the leaders of the Belgian federal government and the regional and community governments reached a compromise deal over the EU-Canada Comprehensive Economic and Trade Agreement (CETA). One of the key outcomes is that the Belgian federal government will seek the Opinion of the European Court of Justice on the compatibility of the Investment Court System (ICS) in Chapter Eight of CETA with the Treaties. As soon as the Belgian federal government makes the request for an Opinion, the Court will be able to express itself on this contentious legal issue. In this post, I will provide some background on the origins of the Walloon request before explaining why ICS could potentially pose a legal problem for the EU.
Wallonia’s longstanding resistance against CETA and the resolution of 25 April of 2016
To insiders, the resistance put up by Wallonia in particular should have been no surprise. Over the past few years, the Walloon and Brussels parliaments have had extensive debates on the merits of CETA and have been increasingly critical of the deal. One of the main and more principled sources of opposition was the inclusion of ICS in CETA, a judicial mechanism that allows foreign investors to sue governments over a breach of investor rights contained in the agreement. Continue reading
Conference « New Instruments to Promote the Correct Application of the EU Charter of Fundamental Rights »
Florence, 28 October 2016. Deadline for (free) registration : 18 October 2016.
Colloquium « Les religions et le droit du travail »
Université de Rouen, 20-21 Octobre 2016. Free access.
Conference « Computers, Privacy & Data Protection : The Age of Intelligent Machines »
Brussels, 25-27 January 2017. Deadline for submissions : 22 October 2016.
Call for Papers: ESIL Conference “The Role of the European Parliament in the Conclusion and Implementation of International Agreements on International Economic Law Issues”
European Parliament, Brussels, 9 December 2016. Deadline for abstract submissions: 7 November 2016.
Call for papers : One Day Symposium on Transnational and International Environmental Crime – Synergies, Priorities and Challenges
University of Lincoln, 15 February 2017. Deadline for abstract submissions : 18 November 2016.
Call for submissions Comparative Constitutional Law and Comparative Law Quarterly
Deadline for submissions : 27 November 2016.
Housing Law Research Network 3rd Annual Housing Law Symposium: Human Rights, Housing and Dispute Resolution
Malmö University, 23-24 March 2017. Deadline for abstract submissions : 1 January 2017.
Jean Monnet Doctoral Workshop “Interactions Between European Union and International Law”
City University London, 23 June 2016. Deadline for abstract submission: 25 March 2016.
Conference “Boosting the Enforcement of EU Competition Law at Domestic Level”
Radboud University Nijmegen, 3 June 2016. Deadline for abstract submissions: 31 March 2016.
Workshop “The Disintegration of Europe”
Hertie School of Governance, Berlin, 30-31 May 2016. Deadline for abstract submissions: 1 April 2016.
Seminar “Transnational Solidarity: Setting the Boundaries”
Center for Transnational Legal Studies, London, 1 April 2016. (Free) registration needed.
Conference “Environmental Rights in Europe and Beyond”
Lund, 21-22 April 2016. (Free) registration needed.
Conference “Existe-t-il encore un seul non bis in idem aujourd’hui?”
University of Nancy, 28 April 2016. Registration needed.
Vienna Journal on International Constitutional Law Conference 2016
Vienna University of Economics and Business, 23 September 2016. Deadline for abstract submissions: 15 May 2016. Continue reading
Conference “The European Convention on Human Rights and the Crimes of the Past”
European Court of Human Rights, Strasbourg, February 26 2016. Deadline for registration: 19 February 2016.
Conference “Searching for Solidarity in EU Asylum and Border Policies”
Brussels, 26-27 February 2016. (Paid) registration needed.
Conference “Reforms in UN Treaty Bodies and the European Court of Human Rights: Mutual Lessons?”
University of Oslo, 29 February 2016. (Free) registration needed.
Conference “Mapping the challenges in economic and financial criminal law: a comparative analysis of Europe and the US”
University of Luxembourg, 17 March 2016. (Free) registration needed.
Workshop “Austerity and Law in Europe”
University of Amsterdam, 16-17 June 2016. (Free) registration needed.
EUI Summer Courses on Human Rights and on the Law of the European Union
European University Institute, Florence, 20 June-1 July/4-15 July 2016. Deadline for applications: 4 April 2016.
Conference “Adjudicating international trade and investment disputes: between interaction and isolation”
University of Oslo, 25-26 August 2016. Deadline for abstract submissions: 1 March 2016.
Conference “The European Union as an Actor in International Economic Law”
University of Luxembourg, 1-2 October 2015. Deadline for registration: 30 September 2015.
Conference “Criminal Justice: Jurisprudence of the European Court of Justice – Today and Future”
Court of Justice of the European Union, 2-3 October 2015. (Paid) registration required.
Inaugural CMLRev Conference “Membership of the Union and Membership of the Euro”
University of Liverpool, 9 October 2015. (Free) registration required.
Workshop “Mutual Legal Assistance in the Digital Age: Problems, Challenges, Solutions for Criminal Justice”
University of Luxembourg, 15 October 2015. (Free) registration required.
Workshop “A balanced data protection in the EU: conflicts and possible solutions”
UM Campus Brussels, University of Maastricht, 19 October 2015. (Paid) registration required.
Conference “Migration Policy in the European Union – Current Challenges and Future Developments”
University of Luxembourg, 22-23 October 2015.
Call for submissions for the 2016 edition of the Hibernian Law Journal
Deadline for submissions: 31 October 2015.
EIUC Training for International Electoral Observers
Monastery of San Nicolò, 23-28 November 2015. Deadline for application: 30 October 2015.
Workshop “Victims in Europe – Needs, Rights, Perspectives”
University of Luxembourg, 16 November 2015.
Colloquium “The Environment in Court – Environmental Protection in National and International Courts, Tribunals, and Compliance Mechanisms”
PluriCourts, University of Oslo, 20-25 June 2016. Deadline for abstract submissions: 15 January 2016.
By Jasper Krommendijk
Last week, the ECJ delivered its judgment in Case C-398/13 P, Inuit Tapiriit Kanatami II, which deals with the EU ban on trade in seals products. This judgment is interesting for two reasons. Firstly, the absence of any consideration of the admissibility question, more specifically the fulfilment of the locus standi requirements. Secondly, the relationship between, on the one hand, the Charter of Fundamental Rights and the ECJ and, on the other hand, the European Convention on Human Rights (ECHR) and its court, the European Court on Human Rights (ECtHR). This post will examine these two issues after a discussion of the background to the so-called “Inuit Saga” and the eventual ECJ judgment which came about after more than five years of litigation in two different episodes.
By Jessica Lawrence
In an interesting judgment, the CJEU has ruled that Regulation 1/2005 on the protection of animals during transport applies outside of EU borders to transport taking place in third states, if that transport began on EU territory. This is a novel ruling that is expected to have important positive impacts on animal welfare. However, it can also be seen as an example of the CJEU’s tendency in recent years to read the EU’s jurisdiction expansively, stretching traditional international law notions of ‘territorial jurisdiction’ to permit the regulation of conduct taking place in third states. Continue reading