22 September 2015/
By Christopher Unseld
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By Christopher Unseld
“Viking, Laval and Beyond”, edited by Mark Freedland and Jeremias Prassl, constitutes the first volume of Hart’s new series on “EU Law in the Member States”. In the series’ foreword Sacha Prechal lays out how crucial it is to understand the “genuine life of EU law in the Member States” since EU law – of course – is generally transposed, applied and enforced at the domestic level. But that is easier said than done. One needs good knowledge of EU law, domestic and comparative (EU) law to come close to some understanding of what Prechal calls EU law’s genuine life. And, let’s be honest, it is often hard enough to keep up with the current developments in EU law while not losing touch with domestic legal issues.Continue reading
18 September 2015/
By Benedikt Pirker
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.
15 September 2015/
By Kanad Bagchi
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By Kanad Bagchi
With each passing day scores of lives are either ended by bodies being washed ashore or are lost in the faceless congregation of ‘refugees/migrants’ on the peripheries of Europe and beyond. Both the ‘European family’ and the ‘European Fabric’ has laid itself bare in the face of the uncontainable refugee crisis brewing in the heart of Europe, uncovering the stark divide between the East and the West. Amidst the melancholy that has reached the shores of Europe, it is vital to take pause and query whether the present catastrophe could have been contained and what steps are being taken by the European Union (hereinafter referred to as “EU”) towards this end. In this regard, Juncker’s State of the Union address 2015 (hereinafter referred to as “Union address”/ “Address”) comes at an auspicious time and has been met with pensive eagerness. The Union address rightly devotes significant attention towards the refugee crisis and has proposed a slew of measures, both immediate and long term, to alleviate the present situation. This post looks through these developments and assesses whether the measures adopted thus far and proposed for the immediate future are sufficient to improve the current circumstances and prepare the EU and its member states (hereinafter referred to as “MS”) to effectively deal with the continuing crisis.
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11 September 2015/
By Jasper Krommendijk
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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.
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By Uladzislau Belavusau and Ivana Isailović
In April 2015, the EU Court of Justice delivered its judgment in Léger v. Ministre des Affaires sociales, de la Santé et des Droits des femmes; Etablissement français du sang. The case addressed the compatibility of national measures – here the French 2009 Ministerial Decree – permanently banning blood donations by men who had or have sexual relations with other men (further ‘MSM’) with EU law. The Court found that these health policies could be justified in some circumstances, in light of the specific context prevailing in the Member State and the scientific knowledge and techniques available for detecting HIV in the early stages of contamination.
This judgment triggers a myriad of socio-legal questions pertaining to the EU multi-level health governance, including the rising area of sexual risk regulation, as well as questions regarding EU sexual citizenship, and more particularly the discrimination of Lesbian Gay Bisexual Trans (LGBT) individuals. The case, moreover, sheds light on the role scientific expertise plays in domestic and supranational courts, and the interplay between legal discourse, scientific knowledge, rights and identity politics. In this blog post, we offer a brief outline of the Court’s decision and highlight some of its controversial legal and normative aspects.Continue reading
20 August 2015/
By Benedikt Pirker
Workshop: “International Law and Domestic Law-Making Processes”
University of Basel, 4 September 2015. Deadline for registration: 24 August 2015.
Workshop “Safety and Liability Rules in European Ski Areas”
University of Trento, 11-12 December 2015. Deadline for abstract submissions: 15 September 2015.
Conference “Constitutional History: Comparative Perspectives”
University of Illinois, 12-13 April 2016. Deadline for abstract submissions: 1 November 2015.
19 August 2015/
By Sam Abboud
By Sam Abboud
In Case C-170/13 Huawei Technologies Co. Ltd v ZTE Corp & ZTE Deutschland GmbH, (Judgment of the 5th Chamber, CJEU, 16 July 2015)the CJEU was asked to rule for the first time on whether seeking an injunction and other associated remedies by the owner of a Standard Essential Patent (SEP) against a company in breach of the patent (but one willing to become a licensee) can amount to an abuse of a dominant position in breach of EU competition law (Article 102 TFEU). It concluded that an injunction or an action to recall products can amount to an abuse of dominance in certain circumstances.
In this post, I first provide a primer on Standards and Standard Essential Patents (‘SEPs’) before summarizing the Court’s reasoning and setting out some initial observations on the judgment’s significance.
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30 July 2015/
By Benedikt Pirker
Conference “The Democratic Principle and the Economic and Monetary Union”
University of Rome – Tor Vergata, 22 January 2016. Deadline for abstract submissions: 30 September 2015.
Conference “General Principles of Law: European and Comparative Perspectives”
University of Oxford, 25-26 September 2015. No deadline for registration.
Call for Papers “Intellectual Property in International and European Law”
Utrecht Journal of International and European Law. Deadline for submissions: 15 October 2015.
