Welcome refugees, adieu solidarité

Hungary and Slovakia suffered a blow in their attempts to escape the refugee relocation scheme, when the European Court of Justice rejected their claims. However, solidarity did not play a role in that decision.

Nathan de Arriba-Sellier • September 26, 2017 • 1 comment

Shining a light on the acte clair

Two recent judgments by the European Court of Justice illuminate the practical application of the acte clair doctrine of EU law, which determines when a court of last instance is freed from its obligation to refer a question on EU law to the ECJ.

Thomas Weber • September 22, 2015

Law making by way of preliminary reference

The preliminary reference procedure is not a modern invention. It has travelled a long way through time and space – from southern to northern Europe, from Roman imperial times to the 21st century.

Elsemieke Daalder and Ruben de Graaff • March 30, 2015 • 2 comments

No one wants to be forgotten

A remarkable and important decision by the European Court of Justice on the right to be forgotten.

Simone van der Hof • May 24, 2014

Law Making at the Roman imperial Court

The law making process and the relation between the legislator and the courts in the Netherlands is greatly influenced by Montesquieu’s theory on the separation of powers (the trias politica). Is there another way? A Roman perspective.

Elsemieke Daalder • November 07, 2013

Judicial interpretations ESM pinned to the crisis rack

Both the European Court of Justice and the Bundesverfassungsgericht have given their blessing to the ESM. Yet it appears that they think very differently about the central prohibition on bailout.

Vestert Borger and Stefaan Van den Bogaert • December 12, 2012

Consumer, I presume?

Courts are obliged to assess the fairness of contractual terms to protect a consumer, even if the consumer does not show up in court. The European Court confirmed this obligation, without a clue how courts are to know that the absent party is a consumer.

Alex Geert Castermans • July 23, 2012 • 1 comment

The end of an area

The euro crisis is back. Greek and French elections have put strengthening fiscal rules and rescue plans back on the agenda, no matter what Chancellor Merkel says. It is time to consider a civilized divorce of an ill conceived monetary marriage.

Joop de Kort • May 17, 2012 • 1 comment

The Dutch ‘geschriftenbescherming’ after the ECJ’s Football DataCo decision

In March the European Court of Justice passed judgment in a database case on football schedules. This judgment could well affect the Dutch protection for non-original writings ('geschriftenbescherming'), which is a peculiarity in Dutch copyright law.

Annemarie Beunen • April 27, 2012

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European Court of Justice

Blogs

Welcome refugees, adieu solidarité

Shining a light on the acte clair

Law making by way of preliminary reference

No one wants to be forgotten

Law Making at the Roman imperial Court

Judicial interpretations ESM pinned to the crisis rack

Consumer, I presume?

The end of an area

The Dutch ‘geschriftenbescherming’ after the ECJ’s Football DataCo decision

European Court of Justice

Blogs

Welcome refugees, adieu solidarité

Shining a light on the acte clair

Law making by way of preliminary reference

No one wants to be forgotten

Law Making at the Roman imperial Court

Judicial interpretations ESM pinned to the crisis rack

Consumer, I presume?

The end of an area

The Dutch ‘geschriften­bescherming’ after the ECJ’s Football DataCo decision

The Dutch ‘geschriftenbescherming’ after the ECJ’s Football DataCo decision