Irish Supreme Court rules Government’s proposed ratification of CETA unconstitutional

A 4-3 majority held legislative amendments are first required, empowering Irish courts to refuse to enforce CETA awards where constitutional identity, fundamental principles or EU obligations are materially compromised.

Sinéad Mulcahy • January 03, 2023 • 1 comment

Reforming judicial review with respect for democracy

Judicial review of the Constitution has long been a topic of discussion. How do democracy and the rule of law relate to each other?

Jorieke Manenschijn • November 24, 2022 • 1 comment

The Italian Constitutional Court balancing mining activity interests

A recent ECJ ruling has referred to environmental protection in relation to procedures for seabed exploitation. Opportunities for the Italian Constitutional Court?

Giorgio Cataldo • June 30, 2022

Facultative Mixity: Blessing Disguised?

Even when the EU could act alone on the international stage, Member States often insist on being involved alongside the EU institutions. The Court of Justice is reluctant to curtail this political choice.

Timothy Roes • March 05, 2019

Finnish Constitutional Law Committee adopts ultra vires review of secondary EU law?

Constitutional Law Court’s ultra vires review of EU law, but similar actions by other European institutions have mostly stayed under the radar.

Tomi Tuominen • February 26, 2019 • 1 comment

The Dutch Climate Case Judgment: Human Rights Potential and Constitutional Unease

The Hague Court of Appeals has confirmed that the Dutch state must reduce greenhouse gas emissions by 25% by 2020. Could such a precise obligation be inferred from human rights norms, and Articles 2 and 8 ECHR in particular?

Ingrid Leijten • October 22, 2018

Sovereignty in the 21st Century

Some scholars wonder if sovereignty no longer belongs to States because of the existence of supranational and infranational authorities; the British EU withdrawal and the Catalan case are two good examples of the persistence of State sovereignty.

Manel Moya Noguera • February 11, 2018

UK Supreme Court finds Employment Tribunal Fees deny Access to Justice and the Courts

UK Government suffers major defeat in courts, as UK Supreme Court finds flagship austerity policy to be to be in violation of both UK constitutional law and European Union law.

Daniel William Carter • September 19, 2017

Brexit, General Election and Legitimacy

Despite political consequences for May’s leadership, the recent British election is a way to re-legitimise Brexit. Unlike during the 2015 election campaign, the candidates’ plurality of positions on the issue has led to a hung parliament.

Manel Moya Noguera • June 27, 2017

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