Recent Articles

Free movement of Persons and Residence: Directive 2004/38/EC

January 02, 2009 10:02

A while back we mentioned the singular lack of enthusiasm of the member States to bring into effect Directive 2004/38/EC of the European Parliament and of the Council of April 29th 2004 on the right of citizens of the Union...A while back we mentioned the singular lack of enthusiasm of the member...

European Criminal Law and Coöperation : Recent Significant Measures

December 31, 2008 19:02

Have we mentioned this before ? The big growth area of EU law is criminal law. Recently, the Council has adopted a number of significant measures in the field of criminal law. Here's a brief overview of them so that...Have we mentioned this before ? The big growth area of EU law is criminal...

Common Foreign and Security Policy, War on Terror and Rights of Defence: Case T-284/08

December 30, 2008 16:32

This must be one of the quickest ever judgments of the Court of First Instance. The People's Mojahedin Organization of Iran lodged an application on July 21st 2008 to annul a Council Decision maintaining it on a list of persons...This must be one of the quickest ever judgments of the Court of First...

Population, Voting and Article 205 EC

December 27, 2008 18:00

Well, this our annual treat. Each year we point out that the Council amends its Rules of Procedure to set out the population figures of each member State and the 62% threshold figure laid down in Article 205 §4 EC....Well, this our annual treat. Each year we point out that the Council amends its ...

Languages and EU law: Case T-185/05

December 17, 2008 22:17

There's nothing quite as sensitive as the law of languages in EU law. And the judgment of the Court of First Instance in Case T-185/05 Italy v. Commission shows just how sensitive and litigious the member States are about languages....There's nothing quite as sensitive as the law of languages in EU...

Privacy and Freedom of the Press: Case C-73/07

December 16, 2008 22:52

The Court of Justice has handed down a stack of interesting judgments lately. We can't write them all up today so be patient. Here's one which deals with a conflict between data protection (privacy) and the freedom of the press....The Court of Justice has handed down a stack of interesting...

Constitutional Patriotism and the Right to Privacy: New Article by Professor Bignami

December 05, 2008 04:25

Professor Francesca Bignami, now of Gearge Washington University Law School, has published another terrific article on privacy in Europe. The title of the article is "The Case for Tolerant Constitutional Patriotism: The Right to Privacy Before the European Courts" and...Professor Francesca Bignami,...

Abuse of Dominant Position, Article 82 and New Guidance

December 03, 2008 23:30

At long last, the Commission has made public its "guidance" on its enforcement priorities in Article 82 EC cases. You can find it here. As we pointed out earlier, antitrust boffins have been making quite a fuss at the EU...At long last, the Commission has made public its "guidance" on its...

Urgent Preliminary Reference Procedure, Arrest Warrant and Specialty Rule: Case C-388/08 PPU

December 03, 2008 14:42

The Court of Justice has handed down its third judgment using the urgent preliminary reference procedure. This time, the judgment - handed down in Case C-388/08 PPU Leymann and Pustovarov concerns the European arrest warrant and the specialty rule. The...The Court of Justice has handed down its...

Immunity of Members of the European Parliament: Joined Cases C-200/07 and C-201/07

December 03, 2008 05:07

Here's a rather curious but interesting case dealing with the immunity from suit of Members of the European Parliament. The Court of Justice held in Joined Cases C-200/07 and C-201/07 Marra v. De Gregorio and Clemente that in principle Members...Here's a rather curious but interesting case dealing...