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

  • 10 December 2018
  • kutatocsoport5

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

  • 20 November 2018
  • kutatocsoport5

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

  • 8 October 2018
  • kutatocsoport5

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)

How can forum shopping help victims of corporate torts pursue an efficient legal remedy against violations of human rights?

  • 8 July 2018
  • kutatocsoport5

Corporations have been undertaking very risk-taking activities abroad. Since they are met with less protective legislations in third-countries, some subsidiaries have been conducting their business without proper respect for human rights. As a result, not only the subsidiaries but also the parent companies can be held liable for violations of such rights in civil proceedings in their home countries. However, there is no standard international convention or jurisdictional body to regulate the relation between business and human rights and the legal remedies that victims can access. In this regard, victims must call upon domestic courts in a pursuit of the most favorable jurisdiction to obtain a civil legal redress mechanism. Read more... (Rafael Lima Asche)

Effect of Brexit On International Commercial Arbitration

  • 28 June 2018
  • kutatocsoport5

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

  • 20 April 2018
  • Kutatócsoport2

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)

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