Month: April 2024

New digital manifestations of financial services and European integration: what benefits for the European citizen

On By officialblogunioIn Essays1 Comment 

Ana Filipa Machado Ribeiro (Student at the School of Law of the University of Minho | Winner of the 2023 UMinho Award for Undergraduate Research)
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Initial considerations

In an era where digital transformation is reshaping the financial landscape, the European Union (EU) has taken a pivotal step towards harmonising the burgeoning realm of crypto-assets with the introduction of the Markets in Crypto-Assets (MiCA) Regulation. As we delve into the intricacies of the MiCA Regulation, it is essential to understand its objectives, the classification of crypto assets it covers, and the broader implications for European citizens and the digital economy at large. The following discussion offers a comprehensive exploration of the MiCA Regulation, also considering criticisms of the legislative adoption practised by the Union, while seeking to ascertain what advantages (if any) it offers European citizens.

MiCA – Statement of reasons

The EU has presented a Proposal for a Regulation of the European Parliament and of the Council on Markets in Crypto-assets – MiCA Regulation. This legislative proposal is part of the Digital Finance Package, understood by the EU itself as a set of measures that include a new strategy on digital finance for the EU financial sector,[1] aimed at promoting and supporting the potential of digital finance in terms of innovation and competition, while simultaneously mitigating inherent risks. Thus, the EU is prioritising the preparation of Europe for the digital age and creating a future-ready economy, serving its citizens.

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Summaries of judgments: L.G. (Continued holding of a judicial office) | GN (Ground for refusal based on the best interests of the child)

On By officialblogunioIn Summaries of judgments1 Comment 
Summaries of judgments made in collaboration with the Portuguese judge and référendaire of the CJEU (Nuno Piçarra and Sophie Perez)

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Judgment of the Court (Grand Chamber) of 21 December 2023, L.G. (Continued holding of a judicial office), Case C‑718/21 ,EU:C:2023:1015

Reference for a preliminary ruling – Article 267 TFEU – Concept of ‘court or tribunal’ – Criteria – Izba Kontroli Nadzwyczajnej i Spraw Publicznych (Chamber of Extraordinary Control and Public Affairs) of the Sąd Najwyższy (Supreme Court, Poland) – Reference for a preliminary ruling from a panel of judges without the status of an independent and impartial tribunal previously established by law – Inadmissibility

Facts

In Poland, judges who wish to continue to perform their duties after reaching the age of retirement are required to declare their wish to do so to the Krajowej Radzie Sądownictwa (National Council of the Judiciary, the ‘KRS’).

In 2020, L.G., a judge within the Sąd Okręgowy w K. (Regional Court, K., Poland), notified the KRS of his wish to continue to perform his duties beyond the date of his 65th birthday. The KRS declared that there was no need to rule on the application, after finding that it had been lodged after the expiry of the time limit imposed by law. Hearing an appeal brought by L.G., the Sąd Najwyższy (Izba Kontroli Nadzwyczajnej i Spraw Publicznych) (Chamber of Extraordinary Review and Public Affairs of the Supreme Court, Poland), turned to the CJEU to request clarification regarding the principles of the irremovability of judges and judicial independence as enshrined in EU law.

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European security and defence: the role of the European Peace Facility in building a “strategic autonomy”

On By revistaunioIn Comments2 Comments 
Bruna Barbosa (Master in European Union Law by UMinho)
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The outbreak of new conflicts in the vicinity of Europe highlighted its dependence on the United States (US) in terms of security and defence. However, the redefinition of the US geopolitical strategy has resulted in a gradual reduction of its investments in Europe. This is driven by a shift in US geostrategic priorities to regions far from Europe, such as the Indo-Pacific, due to the emergence of new powers, including China.

This circumstance demands a more active approach from the European Union (EU) in matters related to European security and defence. European thinking has undergone significant changes, notably by recognising the importance of investing in its strategic autonomy .[1], [2]

It is therefore essential to understand how the EU can position itself as a prominent “actor” in security and defence issues on an international scale. And also how the European Peace Facility (hereinafter EPF) effectively contributes to increasing the EU’s strategic autonomy.

In this context, the 2022 Strategic Compass – a document that outlines the EU’s strategic direction over the next decade – stands out to reinforce European security and defence ,[3] seeking to balance its power of influence (soft power) with its military capacity (hard power), in an environment of cooperation between all Member States, allowing for a reinforcement of the Union’s internal stability, in particular, vis-à-vis its neighbouring States.[4]

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From the Official Journal to the Diário da República: the role of correlation tables and Lei 44/2023 in the transposition of EU Law into Portuguese Law

On By officialblogunioIn News1 Comment 

Pedro Petiz Viana (Master in Law and Informatics from UMinho / LL.M. in European Law from Leiden University / EU Affairs Advisor in the Portuguese Parliament)
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Under Articles 258 and 260(3) of the Treaty on the Functioning of the European Union (TFEU), and in accordance with the principle of sincere cooperation laid down in Article 4(3) of the Treaty on European Union (TEU), Member States have the obligation to notify the European Commission of the national measures transposing a Directive.

As affirmed by the Court of Justice of the European Union, this notification must “contain sufficiently clear and precise information on the substance of the national rules which transpose a Directive”,[1] so that the Commission is in a position to ascertain whether the Member State has genuinely and completely implemented the Directive.[2]

As stated by the Court in Commission v. Belgium, this notification may encompass a “correlation table”.[3] The European Commission, in its “Better Regulation Guidelines” also affirmed that this obligation to communicate may include the so-called “correspondence tables”.[4] [5]

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