Court of Justice of the European Union

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The EU General Court’s Judgment in WS & Others v Frontex: What Could International Law on the Responsibility of International Organizations Offer in Grasping Frontex’ Responsibility?

October 18, 2023

Setting the scene: the facts and the ruling On 6 September 2023, the General Court as the first instance jurisdiction of the Court of Justice of the European Union (CJEU) handed down the very first ruling which concerned the non-contractual liability of the European Border and Coast Guard Agency (Frontex) for damages caused to individuals by alleged violations of various fundamental rights that Frontex as the European Union (EU)’s border management and return-related operational arm is bound to respect, protect and fulfil. The WS & Others v Frontex case concerns several Syrian nationals (including children) who arrived in October 2016 to the Greek islands in the Aegean, seeking international protection. After unsuccessful attempts to apply for asylum on the Greece islands, they had been shortly removed by air, via a joint return operation co-organised and implemented by Frontex and Greece, to Türkiye, from where they further moved to Iraq. The applicants submitted that Frontex, through the joint return operation, seriously breached a number of its obligations relating to the protection…

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Explosive case, cautious ruling: The CJEU prudently favours cooperation in the Puig case

February 20, 2023

On 31 January 2023, the CJEU issued its much-awaited ruling on the Puig case. The case primarily concerned the surrender of Catalan exile Lluís Puig Gordi, former Catalan minister of Culture in Belgium since October 2017, but bore serious implications for other Catalan exiles targeted by international and European Arrest Warrant (EAW). In August 2020, the Brussels…

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New Rules of Procedure of the Ad Hoc Conciliation Commission in Palestine v Israel

May 23, 2022

The inter-State procedure under Articles 11-13 International Convention on the Elimination of All Forms of Racial Discrimination (ICERD) lay dormant for over 50 years before its activation in March-April 2018 in three inter-State communications, Qatar v Kingdom of Saudi Arabia (2018), Qatar v United Arab Emirates (2018) and Palestine v Israel (2018). These were the first three…

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Belgium asks European Court of Justice to opine on compatibility of Energy Charter Treaty’s investor-State arbitration provisions with EU law

December 8, 2020

On 3 December 2020, the Government of Belgium announced that it was submitting a request to the Court of Justice of the European Union for an opinion on ‘the compatibility of the intra-European application of the arbitration provisions of the future modernised Energy Charter Treaty with the European Treaties.’ This is major news, potentially sounding the death knell…

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Sovereign (over)borrowing during the COVID-19 pandemic: Do creditors have a responsibility to prevent unsustainable debt situations?

July 17, 2020

The coronavirus disease 2019 (COVID-19) pandemic has prompted across the world massive state intervention for the containment and management of the epidemic, and the mitigation of its socio-economic consequences. The measures so far adopted by many countries are not only indispensable to avert a dramatic deterioration of living conditions (especially for women and the most vulnerable)…

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