Results 31 to 40 of about 73,579,352 (144)

6. Ensuring EU Laws Are Effective: Remedies and Art 267 TFEU

, 2017
This chapter brings together a number of related issues indirectly linked to the preliminary ruling procedure under Art 267 TFEU—the vehicle by which the leading principles and remedies in EU law were developed by the Court of Justice; in particular, the
Nigel Foster
core   +1 more source

The Czech climate case: An unfortunate tale of questionable strategies and unanswered questions

Review of European, Comparative &International Environmental Law, Volume 35, Issue 2, Page 578-589, July 2026.
Abstract On 5 November 2025, the Czech Constitutional Court rejected the complaint in the landmark climate case (Pl. US 6/25). This concluded a 4‐year strategic litigation process, which challenged governmental inaction on climate change. Brought by individuals, an NGO and a municipality, the action alleged that insufficient greenhouse gas (GHG ...
Jiří Vodička
wiley   +1 more source

Excessive Pricing in Pharmaceuticals under Article 102 TFEU [PDF]

, 2023
High pharmaceutical pricing practices in Europe have been increasingly on the radar of the European Union, academia and civil society as a risk to Member State health budgets.
Veraldi, Jacquelyn D., Jacquelyn D. Veraldi   +1 more
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Rights of Nature in the EU: A thought experiment to improve access to justice

Review of European, Comparative &International Environmental Law, Volume 35, Issue 2, Page 425-436, July 2026.
Abstract Against the backdrop of the growing need for legal innovation in environmental protection, this article explores the interplay between Rights of Nature (RoN)—a legal theory asserting that the inherent moral value of nature must be protected legally by granting rights and legal personality to nature itself—and the EU constitutional right of ...
Emma Sanvito, Mariolina Eliantonio
wiley   +1 more source

Making effective use of Article 260 TFEU

, 2017
This chapter examines the design of Article 260 TFEU and its application by the Commission and the ECJ. Much has been written on Article 260 TFEU, and the refrain continues along the lines that it is a potentially effective instrument for securing ...
Pål Wennerås
core   +1 more source

The Application of Article 102 TFEU in the Pharmaceutical Sector [PDF]

, 2023
Even before the COVID-19 pandemic, European Union (EU) Member State health budgets were already under strain and the pace of pharmaceutical innovation was under scrutiny.

core   +2 more sources

I Would Rather Be a Respondent State Before a Domestic Court in the EU than Before an International Investment Tribunal

European Papers, 2019
(Series Information) European Papers - A Journal on Law and Integration, 2019 4(1), 19-70 | Article | (Table of Contents) I. Introduction. - II. Who trumps who? - II.1. Is EU law autonomous? - II.2. EU law and Member States' BITs. - II.3.
Ivana Damjanovic, Nicolas de Sadeleer
doaj   +1 more source

Economic Dependence: A New Frontier in EU Competition Law?

European Law Journal, Volume 32, Issue 1, Page 55-69, April 2026.
ABSTRACT This paper argues for the recognition of economic dependence as a relevant concept within EU competition law, moving beyond the traditional—yet limited—dominance‐based framework of Article 102 TFEU. Comparative analysis shows that this, or an equivalent concept, is already embedded in the domestic competition regimes of several EU Member ...
Jimena Tamayo Velasco
wiley   +1 more source

Upscaling nature restoration in Italy: Barriers and facilitators

Review of European, Comparative &International Environmental Law, Volume 34, Issue 3, Page 661-670, November 2025.
Abstract The new Nature Restoration Regulation (EU) 2024/1991 (NRR) sets ambitious objectives to begin revitalising the EU's degraded ecosystems by 2030. However, the structure of the NRR leaves Member States with a broad margin of discretion to pursue these targets within the context of their governance arrangements.
Morgan Eleanor Harris, Eleonora Ciscato
wiley   +1 more source

Whistling in the void: The Whistleblowing Directive as a case study on why the direct effects doctrine and infringement proceedings fail to enforce Union law and how to fix it

European Law Journal, Volume 31, Issue 3, Page 134-152, October 2025.
Abstract The European Whistleblowing Directive is one of the most consequential acts of Union law in the last decade and has created lasting effects across the European Union. After almost all Member States have failed to meet the transposition deadline of 17 December 2021, the limits of a Directive's direct effects as a means to enforce Union law have
Simon Gerdemann
wiley   +1 more source