Since the 1990s, various types of restrictive measures or other sanctions have been taken by the EU against third States as well as natural or legal persons and groups or non-State entities. It is argued that such sanctions should not be seen as value imperialism nor as futile gesture politics, as the Union is taking them to pursue not only its values but also its interests and as sanctions ...
di Allan Rosas, Giudice presso la Corte di giustizia dell’Unione europea, Lussemburgo.
The purpose of this contribution is to verify whether the European Union puts in place a policy of “economic conditionality” in its external relations with third countries, aimed at exporting its economic values, such as the social market economy principle. In particular, the investigation addresses the methods and the legal instruments through which the EU exercises such a ...
di Giulia D’Agnone, Assegnista di ricerca in Diritto internazionale, Universitàtelematica UNITELMA Sapienza
This article deals with the role of the European Council in managing the euro-zone’s crisis as the key institution in the European Union architecture. The analysis concerning the mechanisms and instruments adopted within and outside the European Union framework to react the crisis is revisited also in light of the creation of a stable European Council president, who has proved of exerting ...
di Simonetta Izzo, Ricercatore di diritto internazionale, Università “Federico II” diNapoli
The article deals with the many inconsistencies within the case law, with regards to the parent’s liability for the antitrust infringement committed by the subsidiary. The EU courts have stated that the antitrust infringements should be attributed personally to the undertaking and, at the same time, to the legal persons on whom fines may be imposed. They have established that the liability ...
di Pietro Manzini, Ordinario Diritto dell’Unione europea, Università “AlmaMater Studiorum” di Bologna.
The essay analyses the Commission Notice of 19th July 2016, on the notion of State aid as referred to in Article 107(1) TFEU, as far as State aid for culture and heritage conservation is concerned. Previously, in Regulation no 651/2014, the Commission had exempted Member States from the obligation to notify aid in this field, but not from the application of other EU competition rules. This ...
di Pieralberto Mengozzi, Docente a contratto di Diritto dell’Unione europea,Università “Alma Mater Studiorum” di Bologna.
The present essay deals with the international and European perspectives of privacy and personal data protection following the Schrems judgment issued by the EU Court of Justice. In this judgment, the Court declared invalid the Safe Harbor system, on the ground that it was not in compliance with the primary and secondary EU law concerning the right to privacy and the right to data protection. In ...
di Michele Nino, Ricercatore di Diritto internazionale, Università di Salerno
This article elaborates on the nature and meaning of the preliminary ruling procedure in cases concerning alleged conflicts between EU law and the “national identity” of a Member State. In particular, in the light of two judgments by the Bundesverfassungsgericht and by the ECJ, this article argues that European Treaties might be so construed that, if a conflict between EU law ...
di Giacomo Rugge, Ricercatore presso Max Planck Institute for Comparative PublicLaw and International Law, Heidelberg.
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