Another Nail in the Coffin for Arbitral Dispute Resolution Agreements in the EU – the Judgment of the CJEU in Poland v. PL Holdings

  • 2021/11/24
  • kutatocsoport5

In the latest episode of the intra-EU investment arbitration saga, the Court of Justice of the European Union ruled on 26 October 2021 in Poland v. PL Holdings (Case C-109/20) that EU Member States are precluded from concluding with investors from another EU Member State an ad hoc arbitration agreement identical to an arbitration clause of an international treaty deemed invalid under the CJEU’s Achmea case law (Case C-284/16). Read more... (Petra Ágnes Kanyuk)

European Parliament declares Polish Constitutional Tribunal illegitimate in the face of threat to the primacy of EU law

  • 2021/11/18
  • kutatocsoport5

In a resolution adopted on 21 October, the European Parliament (EP) declared the Constitutional Tribunal of Poland as not only “lacking legal validity and independence” but also “unqualified to interpret the Constitution of Poland”. This scathing denunciation comes as an answer to the 7 October decision of the Constitutional Tribunal that found the provisions of the Treaty on European Union (TEU) incompatible with the Polish Constitution on multiple grounds, thus posing a direct challenge to the established principle of the primacy of EU law. Read more... (Daniel Szilágyi)

Why is it so urgent that the United States of America ratifies the Convention on Biological Diversity?

  • 2021/08/30
  • kutatocsoport5

The Convention on Biological Diversity is an international convention signed in Rio de Janeiro, dedicated to promoting sustainable development. It seeks to conserve the diversity of life on Earth at all levels – genetic, population, species, habitat and ecosystem – and to ensure that this diversity continues to maintain the life support system of the biosphere overall. The Convention recognizes that biological diversity is about more than plants, animals and micro-organisms and their ecosystems – it also is about how dependent people are on a healthy environment and that we need nature in our lives. Read more... (Beáta Bella Szutor)

All Eyes on Warsaw – Locked in a Legal Battle with the EU over the Legitimacy of Judicial and Constitutional Reforms

  • 2021/07/20
  • kutatocsoport5

Poland has got its last seven days in court – with a bouquet of rulings in Warsaw and at the European Court of Justice (ECJ) in Luxembourg that could have far-reaching implications for the European Union’s (EU’s) legal order. We will unpack what these rulings are about and how they fit into Poland’s clash with the EU. Read more... (Petra Ágnes Kanyuk)

Scientific Cooperation in Times of Pandemic. Conference on Recent Challenges in Financial Regulation

  • 2021/06/27
  • Kutatócsoport2

The Department of Financial Law and Public Management of the Faculty of Law of the University of Debrecen has had a scientific relationship with the Institute of Financial Law of the Polish Katolicki Uniwersytet Lubelski for several years. Thanks to the established network of contacts, several joint tax law research projects and professional events took place over the years. The Faculty of Law of the University of Debrecen is also involved in the CEEPUS mobility cooperation titled “KULTAX Financial and Tax Law in Central Europe”, initiated by the Polish partner university. The most recent conference, held on 21 May 2021, discussed a topical issue, “Financial Regulation in the Times of the COVID-19 Pandemic”. Read more... (Dóra Lovas)

Three new cases: State aid for airlines - were they justified in view of the impact of the pandemic or not?

  • 2021/06/22
  • kutatocsoport5

In view of the economic difficulties caused by the COVID-19 pandemic, it was unthinkable for the European Commission not to ease restrictions on State aid. As such, the European Commission approved unprecedented forms of State aid to save the epidemic-struck European economy. In this context, the governments of the member states have poured billions of euros into the airline industry, which has been hit particularly hard by virus-related restrictions and lockdowns. According to Ryanair, State aid given to national airlines constitutes unfair competition; as such, the airline has filed 16 lawsuits against the Commission for allowing the provision of State aid to individual airlines. On 19 May, the General Court has delivered three judgments, deciding to uphold Ryanair’s actions for the annulment of Commission State aid decisions in respect of TAP and KLM, but dismissed the action concerning Spain. Read more... (Krisztina Széles)

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