If any of you are interested in EU law litigation at national courts, the Court of Justice’s judgment in Eurobolt (C-644/17) is well worth your time.
The question at stake concerns whether a national court can request information from an
Despite our Differences
Despite our Differences is a blog published by Despite our Differences that focuses on European Union law, particularly the interaction between national courts and EU institutions. It covers topics such as judicial review of EU acts by national courts, the preliminary reference procedure under Article 267 TFEU, constitutional challenges related to EU law, infringement actions against Member States, and significant rulings of the Court of Justice of the European Union. The blog also discusses constitutional principles affecting EU law enforcement, the role of constitutional courts, and landmark cases shaping EU legal integration and fundamental rights protection.
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Should Constitutional Courts be guardians of the duty to make a preliminary reference?
Here is an interesting case for the many fans of the preliminary reference procedure.
A Constitutional Court of a Member State introduces a case-law that imposes on all courts of last instance a duty to make a preliminary reference pursuant…
Crossing the Baltic Rubicon
In a classic work of American constitutionalism, Bruce Ackerman refers to the “constitutional moments” that define the political arrangements enshrined in a Constitution. In Ackerman’s work this development takes place in a paradoxical way, because such “constitutional moments” of US…
A tribute to Gil Carlos Rodríguez Iglesias
The Year of the Infringement
Happy 2019! I wish all the readers of this blog a very successful and eventful new year.
And to start 2019, nothing better than a post on naughty States and the stellar role recently played by infringement actions before the…
Brexit and EU Citizenship After Wightman
The Wightman case is a landmark decision of the Court of Justice that deserves careful attention. The speed at which developments are taking place in Brexitworld are probably clouding our eyes for the time being, but in the following months…
Sharpening the Teeth of EU Social Fundamental Rights: A Comment on Bauer
Tuesday was a big day in Luxembourg. The Court of Justice rendered what is probably the most important set of judgments on fundamental rights in a long time. Since the days of Akerberg Fransson, Digital Rights, Melloni, etc…, the Grand…
Interim Revolutions
The decision of 19 October of the Vice-President of the Court of Justice, ordering the Republic of Poland to suspend the effects of the Judiciary Reform Act and, in particular, to ensure that no sitting judge is removed as a…
Judicial Infringements at the Court of Justice – A brief comment on the phenomenal Commission/France (C-416/17)
One of the fascinating features of EU law is that no matter how well established its classics may be, they are revisited over and over again. If you thought you had seen it all about preliminary references, think twice. Always…
