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The study analyses the repercussions of the judgment of the German Federal Constitutional Court of 5 May 2020. It puts the decision into context, makes a normative assessment, analyses possible consequences and makes some policy recommendations.

La presente nota sintetica esamina le competenze della Corte di giustizia dell'Unione europea, che comprende due organi giurisdizionali — la Corte di giustizia propriamente detta e il Tribunale — e offre vari mezzi di ricorso, come stabilito all'articolo 19 del trattato sull'Unione europea (TUE), agli articoli da 251 a 281 del trattato sul funzionamento dell'Unione europea (TFUE), all'articolo 136 del trattato Euratom e al protocollo n. 3 allegato ai trattati sullo statuto della Corte di giustizia ...

The Bundesverfassungsgericht (BVerfG) has now published its December 2015 ruling in favour of a claimant who had lodged a constitutional complaint against the decision to allow his surrender to Italy on the basis of a European arrest warrant issued by the Italian authorities. In its ruling, the German Constitutional Court appears to be departing from its previous 'Solange' case law on the examination of EU acts against fundamental rights enshrined in the Basic Law (Grundgesetz).

Spinelli's legacy: the federal path

In sintesi 30-01-2014

The 1984 Draft Treaty establishing the European Union, known as the "Spinelli Report" although drafted by six co-rapporteurs, has since shaped the path of European integration like no other document. It was the first text of a "European Constitution" drafted by a European institution. Its underlying ideas are, 30 years after its adoption by Parliament on 14 February 1984, still topical, not only because a great part of the EU constitutional architecture can be traced back to it, but also due to its ...

This study examines the triangular relationship between fundamental rights, democracy and the rule of law in the EU and the challenges that arise in reflecting on ways to strengthen EU competences in these terrains. It analyses the current ‘state of play’ and provides a map of EU-level mechanisms assessing respect for rule of law, democracy and fundamental rights, and Article 2 TEU general principles, by EU Member States. Special attention is paid to crosscutting dilemmas affecting the operability ...

The problems of implementation and enforcement of EU law have been longstanding. This report analyses the trends regarding the transposition of EU law and the reasons for failure to transpose on time. It assesses different tools developed at EU level to promote compliance, looking across the board at the EU Pilot and infringement procedure alongside correlation tables, scoreboards, committees, transposition and implementation plans, package meetings or national and EU inspections. As a result, recommendations ...