Articles for category: Focus

Local Meanings of EU Law

Law can be viewed not as a universal (or European) science but, following Geertz, as local knowledge. To illustrate the relevance of this perspective for understanding EU law, its effects, and the limits of integration through law, this text draws on the findings of a “classical” comparative study on the application of proportionality as an EU law principle in three national contexts: France, England, and Greece. This type of approach has the potential to evolve – and indeed is already evolving – into an interdisciplinary exploration of the diverse ways in which EU law is understood, applied, and experienced in settings as varied as the Paagalayiri market in Ouagadougou, the train-line connection between Paris and Marseille, or the camp of Moria on Lesvos.

9. Mai 2025

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(De)coloniality and EU Legal Studies

In EU legal studies, time, space, place, and knowledge are locations for contestation, deliberation and reconstruction. Other submissions in this symposium have elaborated on the limitations in understanding and accounting for the ‘what was’ as a fundamental blind spot of EU law. Extending from this starting point, I will show how decolonial approaches can bridge the gap between history, theory, and action, offering practical and alternative solutions for reconciliation. To do so, I will use the rule of law as one such site for contestation.

8. Mai 2025

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The Human Factor in EU Law

This post emphasizes the human factor as a critical method of analysis for legal scholars specializing in European Union law. The aim is to critically analyse the evolution of the rules governing the CJEU, shedding light on its composition, organization, and functioning, while also proposing reform initiatives. Some of these reforms prioritize greater transparency within the CJEU. Furthermore, by focusing on the human factor in EU law, this method reveals how individuals are positioned within the institution, helping to identify potential phenomena of invisibility or exclusion in decision-making processes.

8. Mai 2025

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Longing for Safety before the European Court of Justice

On 10 April 2025, Advocate General de la Tour delivered his Advisory Opinion in the joined cases Alace and Canpelli dealing with the powers of Italy – and, by extension, other EU Member States – to legislate on what constitutes a “safe third country” and a “safe country of origin”. The AG confirmed that Italy can list a third country as “safe” when it is “generally” deemed as such, provided that this designation is compliant with EU law. This piece discusses how the human rights of applicants seeking international protection are likely to be hindered by this approach.

7. Mai 2025

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The »Crisis of Critique« in EU Law

Critique has become one of the latest buzzwords in EU legal studies. Who, after all, would not want to be identified as a critical scholar if the danger is that one’s work might otherwise be labelled as reactionary, unsophisticated, naïve or whatever other signifier could be used to demolish the value of scholarly enterprise? But the down-side of this growing interest in being critical as an EU law scholar is that the idea of critique itself is in danger of becoming inflated.

7. Mai 2025

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Ongoing Controversies over Methods in EU Law

Since the publication of last year’s symposium “Controversies over Methods in EU Law”, methodological issues are still pervading contemporary debates in EU law. These ongoing controversies over methods in EU law reflect a broader rethinking of the discipline, influenced by multiple crises in the European Union. These crises have led scholars to question their relationship with the European institutions, which have been central to the development of the core concepts of EU law and of EU law as a disciplinary field.

7. Mai 2025

Elisabeth Mann Borgese

In public international law circles, especially those indulging in the law of the sea, Elisabeth Mann Borgese, the youngest daughter born to German Nobel Prize-winning novelist Thomas Mann in 1918, is perhaps best known for her pioneering work on the United Nations Convention on the Law of the Sea. Her convictions and contributions to the UNCLOS focused on social justice, equitable access to resources, and environmental protection. By offering a glimpse into her contributions to the UNCLOS, this post highlights how Elisabeth Mann Borgese’s ideology – influenced in part by her cautious feminist beliefs – permeates her legacy.

30. April 2025

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Balancing Intellectual Property Protection with the Human Right to a Healthy Environment

This contribution examines the practical ways in which the human right to a healthy environment (HR2HE) can influence the development and interpretation of intellectual property (IP) laws. It focuses on two potential approaches to reconciling this human right with IP: (1) the so-called “internal” reconciliation approach, which essentially uses the HR2HE as an interpretive tool to recalibrate IP law’s own internal rules and mechanisms in a more sustainability-friendly direction, and (2) the “external” reconciliation approach, which views the HR2HE as an independent defence against IP infringement actions that can be invoked in courts to challenge allegations of IP infringement.

25. April 2025

Greenforcement of Intellectual Property Rights

The current practice of enforcement of intellectual property rights impacts the environment in many ways. There is increasing recognition of the pressing need for more human and environmentally friendly alternative remedies, such as donating goods to charity, removing infringing signs or parts, or disposing of the goods outside the EEA/EU. The question is whether and to what extent the legal framework leaves room for ecologically sustainable alternatives to disposing of and destroying IPR-infringing goods. 

24. April 2025

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Copyright Moral Rights Protection and Environmental Sustainability

When we talk about intellectual property (IP) and sustainability, we rarely pay attention to the moral rights of authors. However, it is important to assess these ‘authors-only’ rights in a world where copyright is often used as a tool to maximise corporate profits. In terms of sustainable development, moral rights can both promote and hinder environmental, social and cultural sustainability in the creative industries. However, their relationship with sustainable development is not straightforward. This blog post looks at some of the key issues that link the protection of moral rights in copyright to sustainable development and the circular economy.

22. April 2025