New UNIO issue now online

On December 27, 2024January 10, 2025 By officialblogunioIn NewsLeave a comment

By the Editorial Team

The Editorial Board is happy to announce that a new issue of the UNIO – EU Law Journal is now online. Issue 10(2) of UNIO includes contributions from a number of highly esteemed academics and young scholars and covers matters such as i) the EU’s conditionality regulation; ii) an analysis of the new far-right movements; iii) the digitalisation of criminal justice in the EU through eu-LISA cooperation with Eurojust and Europol; iv) the taxation of energy products in the EU for reasons of environmental policy; v) digital constitutionalism; vi) the use of technology for inter-jurisdictional cooperation in the inter-American context; and vi) the pivotal role of digital currencies.

It is our hope that this new edition will be of relevance to our readers and would also like to remind you that we are accepting submissions at UNIO and also on our blog.

You may find UNIO’s 10(2) issue here.

Procedural changes in the European Court of the European Union by entrusting preliminary ruling competences to the General Court: first impressions

On December 21, 2024December 26, 2024 By officialblogunioIn EssaysLeave a comment

Joana Covelo de Abreu (Editor of this blog and Key-staff member of Jean Monnet Centre of Excellence “Digital Citizenship & Technological Sustainability” - CitDig, Erasmus+).

Protocol No 3 on the Statute of the Court of Justice of the European Union was amended by Regulation (EU, Euratom) 2024/2019 of the European Parliament and of the Council, of April, 11^th 2024, which entered into force on September 1^st 2024. These changes were mainly focused on relieving the Court of Justice from some of its jurisdictional demands, especially by entrusting the General Court the competence on certain specific areas in which preliminary questions could be raised. Notwithstanding, the opportunity was also embraced to “modernize and simplify procedures before the two courts”, i.e., the Court of Justice and the General Court.

In fact, the Court of Justice of the European Union was already called upon to pronounce itself concerning the possibility to transfer jurisdiction on preliminary references to the General Court, under specific circumstances: under Regulation (EU, Eurotom) 2015/2422, this institution submitted a report to the European Parliament, the Council and the Commission on 14^th December 2017, where it “took the view that there was no need, at that time, to propose changes as regards the manner of dealing with requests for a preliminary ruling under Article 267 TFEU.” However, in that same report, the Court also “pointed out that a subsequent transfer of jurisdiction to the General Court to give preliminary rulings in certain specific areas could not be ruled out if the number and complexity of requests for a preliminary ruling submitted to the Court of Justice were to be such that the proper administration of justice required it” (Recital 1 of Regulation 2024/2019).

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Summaries of judgments: Ordre néerlandais des avocats du barreau de Bruxelles and Others v Council | Administration of the State Border Guard Service of Ukraine v EUIPO

On December 14, 2024 By officialblogunioIn Summaries of judgmentsLeave a comment

Summaries of judgments made in collaboration with the Portuguese judges and référendaire of the General Court (Maria José Costeira, Ricardo Silva Passos and Esperança Mealha)

Judgment of the General Court (Grand Chamber) 2 October 2024, Case T-797/22 Ordre néerlandais des avocats du barreau de Bruxelles and Others v Council

Common foreign and security policy – Restrictive measures adopted in view of Russia’s actions destabilising the situation in Ukraine – Prohibition on the provision of legal advisory services to the Russian Government and entities established in Russia – Fundamental role of lawyers in a democratic society – Right of lawyers to provide legal advisory services – Right to be advised by a lawyer – Articles 7 and 47 and Article 52(2) of the Charter of Fundamental Rights – Independence of lawyers – Rule of law – Proportionality – Legal certainty

Facts

The General Court (“GC”), dismissed an action brought by the Belgian Bar Association, as well as a certain number of individual lawyers, seeking to annul a Regulation adopted by the Council, which sought to restrict the provision of legal advisory services to the Russian Government, and entities, established in the Russian Federation.

In light of the military aggression carried out by the Russian Federation (“Russia”) against Ukraine, several restrictive measures have been adopted by the Council targeting persons, entities and bodies supporting actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine.

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Football and the Internal Market: Integration beyond passion? (CJEU “BZ” ruling of October 4, 2024)

On December 7, 2024 By officialblogunioIn EssaysLeave a comment

Pedro Madeira Froufe [Editor of this blog and Coordinator of the Group "Studies in European Union Law" (CEDU), of JUSGOV - Research Centre for Justice and Governance, University of Minho).

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1. Football currently calls for multiple angles of analysis. In recent decades, as an economic activity, it has developed universally. It is a very specific economic activity that involves notable movements of capital and human resources, sociological and cultural aspects. It increasingly involves a technological, television and audiovisual aspect. It is common to say about football, that it – as a phenomenon – “moves passions and crowds”. In parallel, there are manifestations of local, regional and national identity associated with football. This has, directly and indirectly, a very significant economic weight.

For example, according to a study/record of international transfers of football players, called “Transfer Matching System (TMS)”, between 2011 and 2020, the positive net balance of player transfers from Portugal to other countries would have been greater than 2.5 billion Euros.[1] Progressively, football developed its professional-economic aspect, inserted in its own relevant market, which was also being built, solidified and growing in recent decades. The so-called “football industry” (a relatively common expression) is overlapping, on a global scale, with the dimension of football as a mere sporting, educational and leisure activity.

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