Court of Justice of the European Union

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

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 inter-State communications submitted to a UN human rights treaty body.  ICERD’s inter-State procedure unfolds before two bodies. Under Article 11, the Committee on the Elimination of Racial Discrimination (CERD) decides on preliminary questions of jurisdiction and admissibility. If CERD rejects these preliminary objections, the Chairperson of the Committee appoints an ad hoc Conciliation Commission comprising five persons tasked with examining the issues of substance raised in the communication and making available its good offices to the States parties concerned in order to reach an amicable solution of the matter. As readers of this blog will recall, CERD ruled positively on the questions of jurisdiction and admissibility in all three cases to date (see Keane,…

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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

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?

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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To Forget, But Not Forgive: Why the CJEU’s Latest Ruling on Google and the ‘Right to Be Forgotten’ is Not at All a Win for US Tech Giants

  Google has recently triumphed in the fight against a worldwide application of the European "right to be forgotten" following the European Court of Justice’s ruling that Google does not have to take down search results revealing sensitive personal information of EU citizens worldwide, rejecting demands by the French Data Protection Authority. The long anticipated judgment by Europe’s…

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Brexit Means Brexit: Does It so When It Comes to EU Citizenship?

Following a dramatic referendum, the United Kingdom triggered Art. 50 of the TEU in March 2017 officially commencing its withdrawal from the EU. At first glance, one of the many consequences of the move is the loss of EU citizenship for all British citizens as they will no longer be ‘holding the nationality of a Member State’…

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