Ideas on Europe

Informed analysis, comment and debate

Monthly Archives: July 2012

The 2012 Olympic Games in London on the European Union agenda

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The London 2012 Olympic Games are on their way, and on the medal count it’s nation states that matter. Yet, when you look to the agendas of recent EU-level meetings and the matters the EU deals with, you will realise that the European Union is actually directly and indirectly implicated in what’s going on in London. Just […]

EU Counter-Terrorism Law: Pre-emption & the Rule of Law

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Some readers may be interested in the recent publication of the monograph, EU Counter-Terrorism Law: Pre-emption & the Rule of Law, by Dr Cian Murphy of the Dickson Poon School of Law. The book is the first sustained study of EU legislation in the field of counter-terrorism. It critically examines EU counter-terrorism measures to ascertain how […]

Excessive formalism: the sequel

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Following yesterday’s post on (excessive) formalism in the Van der Heijden case, there’s another case from April that suffers from the same curiosity. In Boulois v. Luxembourg, the applicant was slapped down in his attempt to get the Court to recognise his right of access to court on the grounds that the right he was […]

Circumcision (2)

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Things got a little awkward in the comments section of my earlier circumcision post today, because commenter Jade pointed out a rather glaring, embarrassing and altogether unforgivable shortcoming in my argument. The problem doesn’t concern the ruling of the court in Cologne, but rather the constitutionality of a law that would potentially undo this judgement, […]

The Human Right to Common-Law Marriage

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In April, I wrote a little rant about that month’s CJEU and ECtHR case law. (Favour for a tweep, the – Dutch – text is here.) One of the cases that I broadsided was Van der Heijden v. the Netherlands, which I praised for “declining to introduce common-law marriage by judicial fiat. Now ignoring the […]

Barroso freaks out in fear of environmental NGOs

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I just read the summary of last week’s EU Commission meeting (18 July 2012), and in there I stumbled over a very interesting quote from a discussion on two recent EU Court rulings*: “The PRESIDENT [Barroso] said that the potential consequences of these judgments were very far-reaching;  leaving aside the damage done to the Commission’s reputation by […]

Subsidiarity: A Yellow Card

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Praise Jehovah! It has finally come to pass. The national parliaments of the Member States have issued their first ever yellow card under art. 7 of Protocol (No. 2) on the Application of the Principles of Proportionality and Subsidiarity (p. 206 here). As a refresher, the article says, in the relevant parts:  2. Where reasoned […]