Court of Justice of the European Union

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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 for the settlement of intra-EU investor-State disputes through treaty arbitration. The arbitration of investor-State disputes under intra-EU BITs was held incompatible with EU law by the CJEU in its 2018 Achmea judgment. The Agreement for the termination of Bilateral Investment Treaties between the Member States of the European Union adopted by 23 Member States in May this year seeks to terminate the remaining intra-EU BITs and their ‘sunset clauses’, as well as to prevent investors in pending and new arbitration proceedings from relying on their protections. The ECT, to which the EU and all its Member States bar one (Italy having withdrawn from the Treaty at the beginning of 2016) are parties,…

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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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The Commission’s Proposals to Correct EU-Morocco Relations and the EU’s Obligation Not to Recognise as Lawful the ‘Illegal Situation’ in Western Sahara

On 11 June 2018, the EU Commission adopted two proposals (here and here) for Council Decisions to amend the EU-Morocco Association Agreement so that “[p]roducts originating in Western Sahara subject to controls by the Moroccan customs authorities shall benefit from the same trade preferences” as products from Morocco (Annex of the Proposals, para 1). The…

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