In a recently published opinion, Advocate General Tanchev of the ECJ expressed concerns regarding the appointment of judges to the newly established Disciplinary Chamber of the Polish Supreme Court. According to the opinion, the Disciplinary Chamber does not satisfy the requirements of judicial independence under EU law due to national legislative authorities playing a key role in the election of the 15 judicial members of the National Council of the Judiciary (NCJ), the body playing a primary role in the appointment of judges to the Disciplinary Chamber. Read more.. (Daniel Szilágyi)
One of the most difficult aspects of divorce is making arrangements for the children; a hard decision that is made infinitely more difficult if the parents are citizens of different countries. With the rising number of international families, now estimated at 16 million, cross-border disputes on family matters have increased in the EU. There are about 140,000 international divorces per year in the EU and around 1,800 cases of parental child abduction within the EU every year. In a recent case, the European Court of Human Rights has held that there had been a violation of Article 8 (right to respect for private and…
This article argues that the extension of the additional protection against unfair commercial practices – provided only to a strictly limited group of consumers in other areas of consumer protection – to all consumers in the field of financial consumer protection could potentially be justified. Furthermore, it highlights the importance of promoting financial literacy, which would require the development of up-to-date financial education and awareness programmes: through the use of its education and training policy instruments, the European Union could promote the availability of these programmes across all member states. Read more… (Daniel Szilágyi)
In what seems like the final resolution of the dispute between the Hungarian Academy of Sciences and the government about the future of the Academy’s research network, the government has announced its plans to unilaterally move all the research units in question under a new public institution with a 13-member governing board comprised of six government and six academy delegates and a chairman appointed by the Prime Minister. Read more… (Daniel Szilágyi)
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…
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…
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)
The Internet is the most important development in communication technology since the invention of the press, affecting the practice of freedom of speech and press and enabling more democratic opportunities for communication. Beside the multitude of advantages, this new technology brought along a swathe of new issues. One important question is: how can courts react to these changed circumstances in the course of human rights adjudication? Is it possible to apply the existing human rights measures or do the features of the new media require the development of new measures? Read more… (Éva Balogh)