European Court of Justice

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The Luxembourg Court Rules on the Difference between States and Countries as International Law Actors

On 23 September 2020, the General Court of the European Union (GCEU) in Case T-370-19 Kingdom of Spain v. European Commission rendered a judgment that will surely become an important footnote in any textbook of public international law dealing with treaties and subjects. In this case, the GCEU ruled, among others, on whether certain acts by the EU in relation to Kosovo amounted to its recognition as a sovereign State, in particular the conclusion by the EU of international agreements with Kosovo and recognition by the EU of its representations in different EU mechanisms. Facts of the Case In 2019, the European Commission issued a decision by which it recognised that Kosovo’s National Regulatory Authority (NRA) could participate in the Body of European Regulators for Electronic Communications (BEREC). The Commission treated Kosovo as a ‘third country’ within the meaning of Article 35(2) of Regulation 2018/1971 (EU Regulation). The decision to accept Kosovo’s NRA in BEREC was also based on the Stabilisation and Association Agreement (SAA) that Kosovo has signed with…

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The EU Judiciary After Weiss – Proposing A New Mixed Chamber of the Court of Justice: A Reply to Our Critics

A few weeks ago, we published a proposal, in the form of a Position Paper, for the creation of a Mixed Chamber at the Court of Justice as a means, in part, of addressing the issues highlighted by the May 5th Weiss decision of the German Constitutional Court. This Chamber, to be composed of sitting members of the…

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Could International Law Stop a No-Deal Brexit?

At the time of writing – less than 3 weeks until the current ‘Brexit day’ of 31 October 2019 -  all options relating to the UK’s departure from the European Union appear to be on the table. Leaving with a deal, ‘crashing out’, not leaving at all, or anything in between seem equally possible. Much attention has been…

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Human Rights Regulation in the Tech Sector? The European Court of Justice’s Facebook Decision and California’s AB5 Gig Economy Bill

BigTech may well be the new BigPharma where local, national, or regional human rights-based litigation and human rights-based regulation is concerned.  While the recent exchanges between US presidential candidate Senator Elizabeth Warren and Facebook's Mark Zuckerberg signal a looming antitrust showdown, recent regional judicial and local legislative developments concretely demonstrate the human rights-based trajectory of…

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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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