European Union

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

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

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

    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?

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

    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)

Safeguarding consumer interest in EU energy markets

  • Safeguarding consumer interest in EU energy markets

    The right to have access to public services (in EU terminology ’services of general interests’, SGIs and ‘services of general economic interests’, SGEIs) is of crucial importance for citizen. It has also been confirmed by the Charter of Fundamental Rights of the European Union. This right involves the requirement for establishing an effective consumer protection regime both at the national and the EU level. Due to the evolution of the legal framework, the EU is an important supranational actor in the regulation of public services today. The paper analyses the evolution of consumer protection in this field from the very beginning stage of the European integration until today, with a special focus on secondary legislation of the European Union aiming at liberalization in the energy sector. Read more... (Ildikó Bartha)

Advocate General: national legislation or judicial practice precluding judges from referring questions to the Court of Justice is incompatible with EU law

  • Advocate General: national legislation or judicial practice precluding judges from referring questions to the Court of Justice is incompatible with EU law

    According to Advocate General Pikamäe’s Opinion in Case C-564/19 IS, delivered on 15 April 2021, the Hungarian legislation enabling the public prosecutor to bring an action before the Supreme Court (Kúria) to declare a lower criminal court’s order for reference to the Court of Justice of the European Union unlawful, and the decision of the Supreme Court establishing that unlawfulness, are incompatible with the principle of the primacy of EU law, as they undermine the power of the lower court to refer questions to Court of Justice. As such, in the opinion of the Advocate General, the decision of the Kúria and the underlying national legislation must be set aside. Read more... (Daniel Szilágyi)

CJEU: The tax scheme of four Spanish football clubs constitutes State aid

European Criminal Law – From Where to Where? – Part One

  • European Criminal Law – From Where to Where? – Part One

    Nowadays, criminal law inspired by the European Union has evolved into a significantly developing discipline and the legislations of the Member States must comply with European requirements. The importance that all legal professionals have proper knowledge in this special area of interaction between criminal law and EU law cannot be stressed enough in the ambit of the current situation, especially in light of the fact that the EU is proceeding towards the realisation of the single area of justice. In the following, we aim to summarise the milestones in the development of European criminal law in two parts. Read more... (Petra Ágnes Kanyuk)

ECJ delivers ruling on the incompatibility with EU law of “lex CEU”

New market surveillance framework in the EU

  • New market surveillance framework in the EU

    Many things have changed in the global economy over the last 40 years. The trade of goods used to be carried out through relatively controllable and predictable routes, so the market surveillance measures, institutions and powers that could form the foundations of an efficient system are now not necessarily capable of providing the same high level of consumer safety. Rules created in the context of identifiable manufacturers, distributors established in the internal market, physical shops and markets are no longer suitable for facing the market surveillance challenges of the online market. Read more... (Zsolt Hajnal)

ECJ: Hungary’s restrictions on the foreign funding of civil organisations do not comply with EU law

  • ECJ: Hungary’s restrictions on the foreign funding of civil organisations do not comply with EU law

    In its judgment in Case C-78/18 Commission v Hungary, delivered on 18 June 2020, the European Court of Justice condemned Hungary for its 2017 adoption of the “Transparency Law” which imposed an obligation on civil organisations to register as “organisations in receipt of support from abroad” if the yearly sum of the donations they received from abroad exceeded a certain threshold and to publicly disclose the donations received, including the name, the country and the city of residence of the donors whose donations reached HUF 500,000 (around €1400). The Court found that, by adopting these provisions, Hungary has introduced discriminatory and unjustified restrictions in breach of its obligations under Article 63 TFEU and Articles 7, 8 and 12 of the Charter. Read more... (Daniel Szilágyi) 

Pages