Court of Justice of the European Union

Page 1 of 4

Filter category

Feature post image

AG Ćapeta’s Western Sahara Opinions: Undermining the Law of Decolonization

The law on decolonization has two primary objectives: transfer power from colonizer to people in accordance with their will and protect the people until that happens. On 21 March 2024, Advocate General Ćapeta delivered three linked opinions at the European Court of Justice that seriously undermine these objectives. The cases concern EU trade agreements with Morocco purporting to apply to the territory of Western Sahara. Western Sahara is a non-self-governing territory that has been occupied by Morocco since its invasion in 1975. Two of the opinions concern a long line of litigations brought by the Western Saharan national liberation movement, the Front Polisario, discussed on the pages of this blog here, here, here, here, and here. (The third, brought by a French agricultural union, concerns labelling of goods from Western Sahara and is not discussed here).

Read more

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?

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…

Read more

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

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…

Read more

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…

Read more

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…

Read more