European Union

A Challenge for the EU’s Average Consumer Concept

  • A Challenge for the EU’s Average Consumer Concept

    To a certain degree, owing to informational asymmetry, a difference in negotiating power and a relative lack of transparency, and due to the ever-present risk of falling victim to unfair commercial practices, all consumers can be considered vulnerable or disadvantaged when it comes to business-to-consumer transactions. This is especially the case in those consumer markets that involve particularly complex transactions, such as the financial products and services market. In the light of these issues, this article focuses on the European Union's concept of the ‘average consumer’ and its interpretation by the European Court of Justice (ECJ), particularly in cases concerning problematic markets. Read more... (Daniel Szilágyi)

Memories of the ‘Class of 2004’ – A Foretaste of Some Thoughts on the Occasion of the 16th Anniversary of Hungary’s Accession to the EU

The right to education of vulnerable groups in the European system of human rights protection

  • The right to education of vulnerable groups in the European system of human rights protection

    This blog post endeavors to briefly explore some specific approaches within the European system of human rights protection that aim to promote the access of the members of certain vulnerable groups to education and training. This human rights framework appears to react differently to specific forms of vulnerability: access to education as an important tool in countering social exclusion appears primarily in the context of people with disabilities and those belonging to national and ethnic minorities. With regard to other vulnerable groups, for instance, asylum seekers or socially vulnerable youth, legal guarantees in the field of education are significantly more scarce, and in the case of certain groups (such as irregular immigrants) they are completely absent. Read more… (Daniel Szilágyi)

Implications of a “no deal” Brexit for students at UK universities

  • Implications of a “no deal” Brexit for students at UK universities

    Following the “historic defeat” of PM Theresa May’s Brexit deal at the hands of the UK House of Commons, the possibility of a “no deal” Brexit seems higher than ever before, meaning a scenario in which the United Kingdom would leave the European Union immediately on 29 March 2019 with no agreements in place about what their relationship would be like in the future. Without further preparatory actions or commitments made by the UK government, a “no deal” Brexit would create immediate uncertainty for EU nationals in UK universities, prospective students and staff from across the EU, and for those participating in any of the Horizon 2020, Structural Funds or Erasmus+ programmes. Read more... (Daniel Szilágyi)

CETA’s mechanism for the settlement of disputes gets green light from Advocate General

  • CETA’s mechanism for the settlement of disputes gets green light from Advocate General

    The dispute settlement mechanism between investors and states provided for by the free trade  agreement between the EU and Canada (Comprehensive Economic and Trade Agreement, CETA) is compatible with EU law, the Advocate General of the European Court of Justice (ECJ) concluded on Tuesday (29 January), dismissing previous concerns. The agreement does not adversely affect the autonomy of EU law and does not affect the principle that the ECJ has exclusive jurisdiction over the definitive interpretation of EU law. Read more... (Petra Ágnes Kanyuk)

Brexit: Happy Marriage and Divorce

  • Brexit: Happy Marriage and Divorce

    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

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

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

    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

Effect of Brexit On International Commercial Arbitration

  • Effect of Brexit On International Commercial Arbitration

    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)

Pages