Administrative mediation Experimenting with compulsory mediation: assessment and continuation, by Sophie Boyron 27 May 202225 May 2022 In administrative law, mediation remains unusual, and compulsory mediation even more so. This is particularly true regarding administrative mediation in France. Despite being introduced in administrative law years back, it…
Codification & Administrative law How do you say “Amtshilfe” in Portuguese? A legal transfer that did not work, by Rui Lanceiro 20 May 202218 May 2022 This blog post is part of a series on failed legal transplants in European countries (for the overall presentation: here). In this case, a legal institute from Germany was transplanted…
Agencies EU Agencies before the Court of Justice, 2nd & 3rd June 13 May 202213 May 2022 The rise of EU agencies constitutes one of the most important developments of the EU administration. Nonetheless, an effective judicial review of the exercise of their powers is still faced…
Directives The Thelen Technopark Berlin judgment: the Court of Justice sticks to its guns on the horizontal effect of directives, by Bruno De Witte 6 May 20224 May 2022 1. Facts and background of the case The Thelen Technopark Berlin judgment of 18 January 2022 promised to be an important one as the Court of Justice had decided to…
Science The network of the precautionary principle under EU law, by Alessandra Donati 29 Apr 202227 Apr 2022 The purpose of this post is to provide an overview of the research that I carried out during my PhD at the University Paris 1 Panthéon Sorbonne on the precautionary…
Effective judicial protection… Is the EU Courts’ toolbox to tackle scientific uncertainty sufficient?, by Mariolina Eliantonio and Michał Krajewski 22 Apr 202221 Apr 2022 As the EU Courts' docket of legal disputes involving uncertain scientific appraisals grows, questions about how the EU judges engage with science appear. This engagement may impact our understanding of…
composite procedure… Judicial Control of Administrative Cooperation in Tax Matters, Taxpayers’ Rights and the Notion of “Foreseeable Relevance” in light of the CJEU’s case law: Concluding Remarks, by Mariolina Eliantonio and Marina Serrat Romaní 8 Apr 20225 Apr 2022 1. Introduction This is the last blog post of a series stemming from the virtual seminar ‘Judicial Control of Administrative Cooperation in Tax Matters, Taxpayers’ Rights and the Notion of…
Effective judicial protection… Berlioz, B AND L: Some doubts on how to balance effective judicial protection and territoriality, by Filipe Brito Bastos 1 Apr 202229 Mar 2022 Introduction: institutional choice and constitutional principle The line of case-law initiated by the Court of Justice of the European Union (CJEU) with the Berlioz ruling in 2017 has been hailed…
composite procedure… The role of Article 47 of the EU Charter of Fundamental Rights in direct and indirect tax cases: Parallel or divergent ways?, by Katerina Pantazatou 25 Mar 202223 Mar 2022 1. Introduction This post aims to critically examine the evolution of the application of Article 47 of the Charter in certain tax cases. ‘Tax cases’ is a general term that…
Effective judicial protection… Foreseeable relevance’ and the impact on Taxpayers’ rights in the EU, by Pasquale Pistone 18 Mar 202220 Mar 2022 Introduction Foreseeable relevance is important for tax treaties and European Union Law, but its concept is defined by neither of them. Nevertheless, it has been an object of interpretation, also…
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