The purpose of this article is to explore the principle of mutual recognition in the Area of Freedom, Security and Justice (the “AFSJ”). It is submitted that the successful operation of that principle implies that Member States must trust each other when it comes to complying with fundamental rights. However, the principle of mutual recognition in the AFSJ does not seek to establish ...
di Koen Lenaerts
The 2014 rules for State aid for Research, Development and Innovation (RDI) have allowed the Commission to complete the already started pattern of complementarity between instruments of soft and hard law, in order to increase legal certainty. RDI Framework remains applicable to aids with a higher distortive potential, exceeding the thresholds up to which the same measures can be ...
di Massimo Bartoli
This article deals with the consequences of breach of the duty to make a reference for a preliminary ruling pursuant to the third paragraph of Art. 267 TFEU. It aims to show that the remedies available to curb omissive conduct on the part of national courts of last instance are very difficult to implement from a practical standpoint, inasmuch as the case-law of the Court of Justice shows that ...
di Fabio Ferraro
The EU legal order and the system of the European Convention of human rights are based on diverse and perhaps antithetical conceptions: Whereas the latter is a classical international sub-system, premised on the unity of the entities party to it, the first is classically considered to be a supranational legal order, featured by the fragmentation of powers and competences between the Union and its ...
di Enzo Cannizzaro
In the annotated judgment, the European Court of Justice (ECJ) deals with the difficult task of interpreting article 106 TFEU, when applied in combination with article 102 TFEU. The ECJ clarifies that, to assess whether an infringement of such provisions has occurred, it is irrelevant to consider if the privileged undertaking has engaged in any potential anticompetitive conduct. Rather, it merely ...
di Luca Calzolari
The identification of remedies capable to restore equality, after that a breach of the principle of non-discrimination has occurred, is a controversial issue in general theory of law. In dealing with this issue, in a consistent case law, the ECJ tends to identify which are the measures that, in a system of rules, establish an unreasonable treatment for a certain class of situations and, then, ...
di Aurora Rasi
This paper deals with the controversial issue of the application of the European Union rules for the award of public contracts for social services to the “third sector” organizations. While originally this subject matter has been entirely reserved to the member States’ competence to shape the national welfare models, in the last years it has been covered by the EU ...
di Deborah Russo
As illustrated by the recent requests for a preliminary ruling from the Italian and German Constitutional Courts (see, for this latter, the Gauweiler case), the Member State’s Constitutional Courts have entered into a direct dialogue with the Court of Justice. This evolution should be welcomed. However, whitin the framework of Art. 267 TFEU, this dialogue must be based upon mutual ...
di Paolo Mengozzi
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