The CJEU case law
Recent CJEU case law trends in competition law
... the CJEU case ...ECJ case law on the subject matter was not consistent ...the case law developed afterwards provided a wider understanding and extension of the conduct that shall ...
16
The Place and Role of International Human Rights Law in the EU Return Directive and in the Related CJEU Case- Law: Approaches Worlds Apart?
... the cjeu, using such hooks in the Directive, could have been in a position to address these alleged shortcomings in developing an inter- pretation of the Directive which fully takes into account and builds upon ...
20
CJEU case law on cooperative agreements between public authorities and its influence on certain national legal systems
... the CJEU case law on cooperative agreements still takes the concept ‘contract’ as a starting ...the CJEU found it of no importance if a contract was present to apply the free movement ...
254
Balancing Mutual Trust and Fundamental Rights Protection in the Context of the European Arrest Warrant: What Role for the Gravity of the Underlying Offence in CJEU Case Law? (Editorial)
... the case of Lanigan gives the impression that the efficient func- tioning of the mutual recognition principle precedes a generous safeguarding of the right to liberty – indeed one of the core fundamental ...the ...
7
Favourable tax regimes that constitute selective state aid from the perspective of the CJEU recent case-law
... applied law reform ...the CJEU case-law related to the judgment, as well as the analysis of related publications and opinions, whereas the applied law research includes the analysis of ...
15
The opposition of the CJEU to the ECHR as a mechanism of international human rights
... EU law obligations to justify their actions in line with the ...the CJEU referring to the jurisprudence of the ECtHR, and this trend has continued through a long list of ...the CJEU held that ...The ...
19
The opposition of the CJEU to the ECHR as a mechanism of international human rights
... EU law obligations to justify their actions in line with the ...the CJEU referring to the jurisprudence of the ECtHR, and this trend has continued through a long list of ...the CJEU held that ...The ...
19
A Commentary on the Right to an Effective Remedy in the Case Law of the CJEU
... The CJEU basis its argument on the consideration that “the Courts of the European Union may not, without exceeding their jurisdiction, interpret the conditions under which an individual may institute proceedings ...
47
THE ROLE OF CJEU IN ENSURING MIGRANTS SECURITY ANALYSIS OF THE POST-CRISIS CASE LAW 1. Anna Magdalena Kosińska*
... the case C 353/16, the CJEU interpreted the provisions for eligibility for subsidiary ...The case concerned a national of Sri Lanka, tortured in the country of origin, who, as a consequence of being ...
24
Right to Interpretation and Translation of Accused Persons in Criminal Proceedings Through the Lens of Recent Case Law of the ECHR and the CJEU
... Bez obzira na to što donošenje Direktive svakako čini iskorak u smjeru osna- živanja prava osumnjičenika i okrivljenika koji ne razumiju jezik postupka jer državama članicama pruža doda[r] ...
26
CJEU and Qualification Directive
... international law One of the trends observed is a consideration of the international legal instrument where the CJEU acknowledges the Convention but refuses to apply it by pointing to its ...the CJEU ...
40
Table 1 References to Art. 2 TEU-Lisbon and Art. 6(1) TEU-Amsterdam/Nice in the CJEU s case law (including GC and CST)
... and Others (Independence of the Disciplinary Chamber of the Supreme Court), EU:C:2019:982, paras.. 47 CFR.[r] ...
8
The CJEU Has Spoken Out, But the Show Must Go On
... the CJEU adds, without any reference to the prior case law, that judicial independence also requires safeguards against the (mis)use of disciplining judges as a system of political control of the ...
6
A human right to sample—will the CJEU dance to the BGH beat?
... latter case, the court held that if the (re-)use of a work constitutes an artistic expression, the quotation exception must be interpreted in a broad way and cannot be limited to purposes such as criticism or ...
25
The Future of Humanitarianism? - Humanitarian Visas in the European Union in light of CJEU Case C-638/16 X and X
... the case-law from the European Court of Human Rights concerning Article 3 of the ECHR, the judgements are always made ex post, often after the treatment in question had proven fatal to the ...present ...
72
Digital exploitation of out-of-print books and copyright law: French licensing mechanism for out-of-print books under CJEU scrutiny
... the CJEU, such circumstances constitute formalities in the meaning of Article 5(2) of the Berne ...the case at hand, however, the contested law aims at out-of-print books published in France, ...
7
A TALE OF TWO APPROACHES TO SOCIAL EUROPE: THE CJEU AND THE ADVOCATE GENERAL DRIFTING APART IN CASE C-201/15 AGET IRAKLIS
... labour law theories, whereby the worker is seen as the weaker party of the employment relationship, necessitating protective measures in their ...secondary law, which partly aims at ensuring workers’ ...
19
The preliminary reference dance between the CJEU and Dutch courts in the field of migration
... of law, the interviewed judges preferred so-called 'outcome' judgments, as they give a very specific answer that leaves no margin for manoeuvre for the national ...like CJEU judgments that are too ...
54
In praise of awkwardness: Kadi in the CJEU
... the law firmly onto the side of civil libertarian restriction, with new structures of executive power underpinning explicit controls on freedom, all backed by ostensible but invariably tawdry safeguards of a sort ...
16
Headscarves return to the CJEU: unfinished business
... EU law, even if such law recognises national law and practices, as Article 16 EUCFR ...the CJEU to decide on this ...the CJEU itself, in Achbita, should have used a more thorough ...
26