Meklēt

On 24 January 2024, the Committee on Legal Affairs approved the compromise text of a proposal to amend the Statute of the Court of Justice of the EU (CJEU). The reform will transfer preliminary reference cases (Article 267 of the Treaty on Functioning of the European Union – TFEU) from the Court of Justice (CJ) to the General Court (GC) in five distinct areas (VAT; excise duties; the Customs Code and tariff; passengers' rights to compensation and assistance; and the greenhouse gas emissions allowance ...

This study, commissioned by the European Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs at the request of the AFCO Committee, focuses on the scope of the CJEU’s jurisdiction over national measures relating to the organisation of national judiciaries. After providing an overview of the legal framework post Lisbon Treaty, the study offers a chronological outline and a transversal assessment of the CJEU’s case law relating to the second subparagraph of Article 19(1) TEU ...

This study, commissioned by the European Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs at the request of the JURI Committee, explores the concept of “Rights of Nature” (RoN) and its different aspects in legal philosophy and international agreements, as well as in legislation and case-law on different levels. The study delves on the ideas of rights of nature in comparison with rights to nature, legal personhood and standing in court for natural entities, and analyses ...

The Comprehensive Economic and Trade Agreement (CETA) with Canada is currently being translated into the EU’s official languages. Once the translations are available, the European Commission can propose that the Council sign and conclude the agreement on behalf of the European Union. It is not yet decided whether the agreement in its entirety would fall under the exclusive competence of the European Union or would also touch upon Member States' competences. In the latter case, ratification by the ...

The note provides a summary of the main points of the ECJ Judgment in the case Gauweiller C-62/14. It concerns the referral by the German Constitutional Court for the preliminary ruling about the compatibility of the ECB's Outright Monetary Transaction Programe announced in 2012 with the EU law.

European consumers are protected against unfair terms in consumer contracts, including insurance contracts. However, this protection does not extend to terms setting out the essential elements of a contract, such as the extent of the risk covered and the amount of the insurance premium. Nevertheless, if the term under scrutiny is not drafted in 'plain, intelligible language', a court may proceed to evaluate its fairness. The Court of Justice of the EU clarified the concept of 'plain, intel-ligible ...

On 6 September 2012, the Governing Council of the European Central Bank (ECB) confirmed its President, Mario Draghi’s announcement that the ECB would purchase government bonds on secondary markets, known as Outright Monetary Transactions (OMT). Germany’s Federal Constitutional Court (BVerfG) was called upon to consider the legality of OMT within a case on the constitutionality of German ratification of the European Stability Mechanism (ESM).