Different takes on protection of public interests in a market economy: Public interests at stake? A takeover bid by the Chinese state-financed company ChemChina of Swiss agricultural chemical company Syngenta: Should we be concerned? Jelle Nijland and Fengan Jiang (Richard) • March 01, 2016 • 1 comment
Deprivation as a punishment for non-cooperative migrants Two of the highest courts in the Netherlands ruled that the government can legally require irregular migrants to cooperate before granting them social support. This blog discusses the dangerous premise that withdrawing social support is permissible. Lennart van Laake • December 17, 2015
Go, climate change children Since Friday 13 November 2015, la Marseillaise has been sung with a new élan. At the climate change conference in Paris, it may even gain a new meaning, in the combat against climate change. Alex Geert Castermans • November 30, 2015
Investor protection brings State liability? Peter Paul revisited The European Court of Justice has held that deficient prudential supervision under the Banking Directives cannot lead to State liability. Could the same conclusion be drawn for deficient supervision concerning the conduct of business of investment firms? Jouke Tegelaar • November 16, 2015
Morally sensitive issues and cross-border movement in the EU In respect of morally sensitive issues like abortion, surrogacy or legal recognition of same-sex relationships, there is considerable diversity within the EU. Cross-border movement in the EU exposes and affects this moral diversity. How does that work? Nelleke Koffeman • November 05, 2015
Criminal procedure and the digital revolution Recently, ambitious plans were published to amend criminal procedure law and take into account the influence of ICT on police work. However, are the consequences of ICT for criminal procedure fully appreciated in the proposal? Jan-Jaap Oerlemans • October 08, 2015
Refugees: From Problem to Crisis Recently the media have stopped reporting on the refugee ‘problem’ and started providing daily updates on the developing refugee ‘crisis’. This blog examines the positive and negative aspects of this shift in rhetoric and suggests how to limit its risks. Lennart van Laake • October 06, 2015
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
Requirements of Amendability in Global Constitutional Design Requirements of constitutional amendability are often seen as very important, if not essential, instruments of modern constitutional design. Yet the topic of constitutional amendment is remarkably under-theorised and under-explored. Reijer Passchier • September 15, 2015 • 1 comment