The reason Continental Europe so often misunderstands what is happening in the UK is that it views events there either as developments in an international negotiation or as a crisis of the Tory party. The reality is that we are witnessing a constitutional system in crisis. One of the oldest constitutional systems in the world is trying to digest three paradigm shifts – and it is trying to do so in one gulp.
Screening of foreign direct investments could take place through European company law. The harmonization of company law in the European Union as well as the CJEU’s case law offer mechanisms which could be used for the screening of foreign direct investments. Although their primary objective is „the protection of the interests of members and others“, they could also contribute significantly to an effective screening of foreign direct investments. There are five main avenues in European company law that could be used to screen foreign direct investment: the Takeover Bids Directive in the context of listed companies, the lawful golden shares ... continue reading
Screening of foreign direct investments could take place through European company law. The harmonization of company law in the European Union as well as the CJEU’s case law offer mechanisms which could be used for the screening of foreign direct investments. Although their primary objective is „the protection of the interests of members and others“, they could also contribute significantly to an effective screening of foreign direct investments. There are five main avenues in European company law that could be used to screen foreign direct investment: the Takeover Bids Directive in the context of listed companies, the lawful golden shares ... continue reading
After the attacks of November 13, the French President François Hollande called for Europe's help in the fight against ISIS and islamist terror. Europe justified its inaction by arguing that the Treaties leave no choice. Especially, Article 42 would only make viable the intergovernmental procedure, i.e. bilateral agreements that every state should stipulate with France. It cannot be neglected, though, that the first six paragraphs of Article 42 draw a common strategy in the defence and foreign affairs sectors, which has to be followed with the consent of all the States. Now, this shared – even if not exclusive – competence of the EU was not triggered. Why not?
Six years ago today, the Treaty of Lisbon came into force, introducing an early warning system for national parliaments concerned with the principle of subsidiarity. UK Prime Minister David Cameron has called for more incisive rights of national parliaments to block EU legislation. The UK government, which normally preens itself on its flexibility and pragmatism, is trying to impose a one-size-fits-all approach on national parliaments, ignoring their very different mandates, powers, practices, timetables and levels of political interest and staff support. The fact is that waving subsidiarity cards is the least important EU function of national parliaments.
Six years ago today, the Treaty of Lisbon came into force, introducing an early warning system for national parliaments concerned with the principle of subsidiarity. UK Prime Minister David Cameron has called for more incisive rights of national parliaments to block EU legislation. The UK government, which normally preens itself on its flexibility and pragmatism, is trying to impose a one-size-fits-all approach on national parliaments, ignoring their very different mandates, powers, practices, timetables and levels of political interest and staff support. The fact is that waving subsidiarity cards is the least important EU function of national parliaments.
Can a national holiday celebrated by a federal sub-entity be in violation of constitutional principles? In a system as fragmented as Bosnia-Herzegovina, apparently it can – according to a recent judgment by the Bosnian Constitutional Court which puts its own acceptance among Bosnian Serbs at risk. The decision, as heart-wrenchingly Bosnian as it may be, raises issues that concern all multicultural societies.
Can a national holiday celebrated by a federal sub-entity be in violation of constitutional principles? In a system as fragmented as Bosnia-Herzegovina, apparently it can – according to a recent judgment by the Bosnian Constitutional Court which puts its own acceptance among Bosnian Serbs at risk. The decision, as heart-wrenchingly Bosnian as it may be, raises issues that concern all multicultural societies.
Brazil used to occupy global headlines with a virtuous cycle of a struggle against inequality combined with the eradication of extreme poverty and the establishment of a vast middle class. In doing so, the country personified the South American dream, namely material prosperity allied with social progress. Nonetheless, a couple of months ago, things changed dramatically. An endless economic crisis boosted by an unprecedented operation run by the Federal Police saw to it that numerous CEOs of multi-billion dollar companies were incarcerated. The common factor of these events: campaign donations. Propelled by this atmosphere, the Brazilian Supreme Court has handed down two recent decisions that impose a drastic end to a complex set of inconvenient relations maintained between the public and the private sector.
Brazil used to occupy global headlines with a virtuous cycle of a struggle against inequality combined with the eradication of extreme poverty and the establishment of a vast middle class. In doing so, the country personified the South American dream, namely material prosperity allied with social progress. Nonetheless, a couple of months ago, things changed dramatically. An endless economic crisis boosted by an unprecedented operation run by the Federal Police saw to it that numerous CEOs of multi-billion dollar companies were incarcerated. The common factor of these events: campaign donations. Propelled by this atmosphere, the Brazilian Supreme Court has handed down two recent decisions that impose a drastic end to a complex set of inconvenient relations maintained between the public and the private sector.
13. September 2025
Giovanni Capoccia
12. September 2025
Anne Peters
12. September 2025
Anne Peters