Articles for tag: EU, EU Charter, EuGH, Rechtsstaatlichkeit

Fundamental Rights Come Off the Bench

In 2014, the European Court of Justice clearly prioritised the EU’s position on the unity and effectiveness of EU law over the protection of fundamental rights (Opinion 2/13). Ten years later, in October 2024, a judgment pitting football against the media seems to have turned the tables. In Real Madrid vs Le Monde, the Court held that excessive defamation damages may breach the freedom of the press and trigger the public policy exception. This is a significant shift, prioritising fundamental rights protection over the traditional objective of seamless judicial cooperation across the EU.

31. Oktober 2024

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Why the EU Charter Matters

This blog post argues that the most interesting aspect of the Charter of Fundamental Rights at the moment is its impact on remedies in national law. Almost 15 years since its entry into force, it is not unusual to meet domestic lawyers and judges who will voice doubts as to whether the Charter really matters in practice. Yet, through the right to an effective remedy under Article 47, the Charter opens up domestic law for new (or modified) remedies, thus placing national procedural autonomy under greater constraint than it was from the principles of effectiveness and equivalence.

31. Oktober 2024

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Beyond the Letter of the Treaties

In the context of the EU’s intention to accede to the ECHR, the CJEU, through its recent case-law on restrictive measures, shapes the scope of its jurisdiction in CFSP matters and opens up new prospects for the future architecture of the EU legal order. The first part of this post recalls how the Court’s case-law on restrictive measures contributed to the constitutionalization of the CFSP through the extension of its jurisdiction in the matter. The second part presents the challenges posed by the most recent cases on EU sanctions and the possible implications of the Court’s responses.

31. Oktober 2024

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Whither, the EU Charter of Fundamental Rights

So, has the Charter come of age, now that it is nearing its quarter century, and has been binding in force for nearly 15 of those years. No longer is the Charter a “sleeping beauty”, and no longer are fundamental rights mere epiphenomena in EU law – offshoots framed in the amorphous category of “general principles of law” – creations of the EU’s earlier desire for legitimacy in its quest for greater integration. The EU Charter contains the essence of a common language, a currency that all can understand. And the EU is better with it than without it.

30. Oktober 2024

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Managing Migration the Italian Way

The Italy-Albania deal provides a new, some say innovative, approach to externalization in migration procedures. It differs from the current EU toolbox, raising issues related to these differences and the treatment of procedural rights. Where these issues arise and how they will be litigated nationally and/or in front of the ECJ is unclear but will shape migration discourses beyond Italy.

29. Oktober 2024

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Football at a Crossroads

The CJEU shook the world of football with its Diarra ruling on Friday, October 4. The impact of the ruling is all but a surprise for me. In a way, the FIFA transfer system was always on shaky legal grounds in terms of EU internal market law. Now, the chickens have come home to roost and key parts of the football transfer system have been brutally set aside. I aim to explain why the Diarra ruling marks a crucial turning point for football, its economy and even its identity.

25. Oktober 2024

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Wie die Grundrechte-Charta unbegleitete Minderjährige vor dem europäischen Verschiebebahnhof schützt

Die Anfang Juni 2024 im Amtsblatt veröffentlichten neuen Regelungen über das Gemeinsame Europäische Asylsystem finden ab 2026 Anwendung. Weiterhin zentral bleibt dabei die Frage, welcher Mitgliedstaat für die Bearbeitung des Asylantrags zuständig ist. In Hinblick auf unbegleitete Minderjährige verstößt ein Zuständigkeitsbestimmungsverfahren, das regelhaft die Möglichkeit der Überstellung in den Erstregistrierungsstaat prüft, gegen die kinderrechtlichen Garantien der EU-Grundrechtecharta.

23. Oktober 2024

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Unleashing Horizontal State Liability

The Common European Asylum System (CEAS) is under attack. In a recent Judgment against Hungary, the European Court of Justice has unambiguously stated that non-compliance with the rules of the CEAS undermines solidarity between Member States and strikes at the very heart of EU law. Traditional means of enforcement, however, seem insufficient to foster compliance with these rules. Against this backdrop, this blogpost argues for the unexplored avenue for enforcing the CEAS via horizontal state liability.

17. Oktober 2024

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Fundamental Rights Score a Goal

Amid the significant number of rulings delivered by the ECJ on 4 October 2024, the long-awaited judgment pitting football against the media stands out. In Real Madrid vs Le Monde, the Court held that excessive defamation damages may breach the freedom of the press and trigger the public policy exception under Brussels Ia Regulation concerning recognition and enforcement of foreign judgments. In doing so, the ECJ allowed national courts to conduct a substantive review of foreign judgments despite the principle of mutual trust, to ensure the enforcement of fundamental rights across the EU.

17. Oktober 2024

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