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Tag Archives: Institutional Affairs

What You See Is What You Get

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In the last few days, I’ve ended up in Twitter conversations with two British journalists I greatly respect, only to discover that when they look at the EU they see something completely different than what I see. This is not a question of factual knowledge. They know as much about the EU as I do, […]

Are the Treaties more integrationist than their Masters?

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In defence of my proposed inter-pillar tie-breaker, I remarked that the Treaties have a tendency of being more integrationist – i.e. more inclined towards strengthening European integration – than the Member States, even though the Member States are supposed to be the Maîtres des Traités, the Masters of the Treaties. So I started to wonder: […]

Is it blue or is it a car?

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Is it blue or is it a car? This may seem like a strange question, but it is exactly the kind of question that the European Court of Justice was faced with in yesterday’s Commission v. Parliament and Council (Cross-border exchange of information on road safety related traffic offences): Is Directive 2011/82 facilitating the cross-border […]

Ex Tunc?

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Verfassungsblog wins the prize for the law geek question of the week/year/decade: Now that the European Court of Justice, in Digital Rights Ireland, has annulled Directive 2006/24, can Sweden get its infringement fine back? After all, in Case c-185/09 (proper judgement in French and Swedish only) the Court found that “by failing to adopt, within […]

Resistance is Futile (2)

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The story of Tonio Borg’s confirmation as the next Maltese Commissioner for Health and Consumer Protection keeps getting stranger. In response to the objections in the S&D group, the Parliament has listed a series of commitments that Mr. Borg is to make in order to be confirmed. They are: The delivery of the legislative proposal […]

Resistance is Futile

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Parts of the Socialist Group in the European Parliament, as well as their civil society supporters, seem to have taken a rather unusual approach to the question of whether the Conservative Maltese Tonio Borg should be permitted to serve as the new Commissioner for Health and Consumer Affairs. In general, their objection seems to be […]

Implementing Powers

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I was unexpectedly fascinated by what the European Court of Justice had to say in today’s Schengen Border Code case. As others have also argued, the whole field of delegated acts/implementing powers is an oft-overlooked but vitally important area, with great potential for mischief. In January, I posted an introduction to the post-Lisbon state of […]

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