European Union

Brexit: Happy Marriage and Divorce

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This article focuses on one of the most essential challenges for the European Union – Brexit, a process in motion since June 2016 and still shrouded in uncertainty. It is predicted that the UK will leave the European Union on March 29, 2019. However, no one knows yet how and by what conditions this „divorce” shall take place, and even whether it is truly inevitable: according to a recent ruling of the European Court of Justice, the United Kingdom could decide to unilaterally reverse the withdrawal process. Read more…  (Giorgi Gogokhia)

„That ship has sailed…?” the UK should be able to change its mind about Brexit, according to the Advocate General

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Advocate General Campos Sánchez-Bordona proposes that the European Court of Justice (ECJ) should declare that Article 50 TEU allows the unilateral revocation of the notification of the intention to withdraw from the EU. The ruling date has been set for December 10, just a day before the national Parliament’s vote on Prime Minister Theresa May’s much-maligned Brexit agreement. Regarding the issue, it seems that the United Kingdom isn’t united at all at the moment. Read more… (Petra Ágnes Kanyuk)

„To be, or not to be [in the EU]”? News in the Polish judicial reform battle

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The European Court of Justice (ECJ) ordered the Polish government to immediately halt its ongoing reform of Poland’s Supreme Court – in a move that puts further pressure on the already strained ties between Brussels and Warsaw about a month ago (on 19 October). The ECJ said that Polish authorities must suspend implementing its April 2018 “Law on the Supreme Court”: to reinstate all of the Supreme Court judges who were forced to retire under the law and to refrain from any further attempt to replace them. Read more… (Petra Ágnes Kanyuk)

„Whatever it Takes to Preserve the Euro…?” Advocate General backs ECB’s bond-buying programme

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The European Central Bank’s (ECB) bond-buying programme is legal and within the powers of the central bank, the advocate general of the European Court of Justice (ECJ) said on Thursday (4 October), amid a challenge in Germany to the bloc’s quantitative easing (QE) programme. Read more… (Petra Ágnes Kanyuk)

Effect of Brexit On International Commercial Arbitration

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International Commercial Arbitration is an essential alternate mode of dispute resolution accompanied by the gradual liberalization of national arbitration laws in international trade. The following contribution aims to analyze the impact of Brexit on International Commercial Arbitration and how it will affect enforcement of awards. The jurisdiction clauses designating English courts and parallel proceedings with English courts are expected to raise intricate legal questions subject to many uncertainties subsequent to an effective Brexit. Read more… (Gauri Nirwal)

Limiting the ne bis in idem principle for the protection of the financial interests of the EU and the financial markets thereof

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In a recent set of judgments, the Court of Justice of the European Union established that the principle of ne bis in idem may be limited for the purpose of protecting the financial interests of the EU and the financial markets thereof, as long as such a limitation does not exceed what is strictly necessary to achieve these objectives. The legal principle, recognized both by the Charter of Fundamental Rights of the European Union and by the European Convention on Human Rights, states that a person cannot be criminally prosecuted or punished twice for the same offence. Read more… (Dániel Szilágyi)

Difficult neighbourhood? Key developments and future perspectives in Belarus‒EU Relations

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For approximately twenty-five years, Belarus and the EU have been faced with plenty of challenges throughout the number of attempts to establish a solid ground for building the stable bilateral relations. Being one of the countries neighbouring the EU, Belarus has commonly been assumed as the key actor in reducing tensions in the region, associated with the ongoing conflict in Ukraine. As the result, Belarus’s efforts towards maintaining the stability in the Eurasian region have considerably altered the EU strategy towards this country. Read more… (Iryna Bahanenka)

Good, but not enough – the U.S. trio need to do more to fully comply with EU consumer rules

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Social media giants Facebook, Twitter, and Google+ released on February 15 their new terms of service, which are designed to better align with EU consumer protection rules. The changes have been greeted with enthusiasm in Brussels, but still fall short of fully complying with the European Union’s strict regulations. Read more… (Petra Ágnes Kanyuk)

The European Court of Justice has ruled that Uber is a transport company

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On 20 December 2017, the European Court of Justice has ruled that Uber is a transport services company. (The decision is a major setback for Uber, which has long insisted that it should be treated as technology service that connects drivers and riders; in other words, the Court placed itself on the side of traditional taxis. This definition will require the company to use only licensed taxi drivers, as well as meet other strict regulations linked to health and safety and background checks on drivers on its digital platform. Read more… (Petra Ágnes Kanyuk)

Foreign Direct Investments and International Tribunals: Why the connection is important?

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Foreign Direct Investments (FDIs) have been the main engine in the economic growth of countries with developing economies. Nowadays, institutions of international business law are facing certain challenges in the area of foreign investment. These challenges mostly rise up from the nature of legal system in recipient countries. Because of their specific nature such as favorable atmosphere for foreign investors, international tribunals also have different approaches regarding these cases. Read more… (Ninjin Bataa)