Author: Antonino Alì

Court of Justice 7 August 2018, C-122/17 “EU law, in particular Article 288 TFEU, must be interpreted as meaning that a national court, hearing a dispute between private persons, which finds that it is unable to interpret the provisions of its national law that are contrary to a provision of a directive that satisfies all
Continue reading Obligation to disapply national legislation contrary to a directive. Obbligo di disapplicare una normativa nazionale contraria a una direttiva

FAQ EPPO FAQ Procura europea

Follow- up EU- US joint statement

The Council added six entities to the list of those subject to restrictive measures over actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine. They are listed because of their involvement in the construction of the Kerch Bridge, connecting Russia to the illegally annexed Crimean peninsula. Through their actions they supported the
Continue reading Ukraine: EU adds six entities involved in the construction of the Kerch Bridge connecting the illegally annexed Crimea to Russia to sanctions list

Judgment in Case C-216/18 PPU Minister for Justice and Equality v LM (Deficiencies in the system of justice) It follows that, where the person in respect of whom a European arrest warrant has been issued, pleads, in order to oppose his surrender to the issuing judicial authority, that there are systemic or generalised deficiencies, which,
Continue reading A judicial authority called upon to execute a European arrest warrant must refrain from giving effect to it if it considers that there is a real risk that the individual concerned would suffer a breach of his fundamental right to an independent tribunal and, therefore, of the essence of his fundamental right to a fair trial on account of deficiencies liable to affect the independence of the judiciary in the issuing Member State – L’autorità giudiziaria chiamata a eseguire un mandato d’arresto europeo deve astenersi dal darvi seguito se ritiene che la persona interessata rischi di subire una violazione del suo diritto fondamentale a un giudice indipendente e, quindi, del contenuto essenziale del suo diritto fondamentale a un equo processo, a causa di carenze idonee a incidere sull’indipendenza del potere giudiziario nello Stato membro emittente

These publications set out the government’s approach to bringing EU financial services legislation into domestic law under the EU (Withdrawal) Act. https://www.gov.uk/government/publications HM_Treasury approach to financial_services EEA_passport_rights_draft_SI

The Government has published a White Paper on how it will legislate for the Withdrawal Agreement between the UK and the EU. https://www.gov.uk/government/news/government-confirms-detail-on-new-bill-that-will-put-withdrawal-agreement-into-law?utm_source=1427e6c7-5230-4b50-b247-57878b4f849a&utm_medium=email&utm_campaign=govuk-notifications&utm_content=immediate

This report gives a detailed overview of the UK’s Strategic Export Controls work in 2017. The report includes sections on: information on export licensing processes and responsible departments export Licensing data and performance statistics UK and EU policy developments and a section on Brexit export licensing and industry UK support to allies and partners international
Continue reading UK Strategic Export Controls annual report 2017

It seems that at the recent EU-Ukraine Summit the ambassadors of the EU member states approved the decision to impose individual sanctions against 6 people involved in the illegal construction of the Kerch Strait bridge. http://www.president.gov.ua/en/news/dyakuyu-za-pidtrimku-ukrayini-u-protidiyi-rosijskomu-agresor-48810

http://www.css.ethz.ch/content/specialinterest/gess/cis/center-for-securities-studies/de/publications/strategic-trends/details.html?id=/s/t/r/a/strategic_trends_2018 ST2018-04-BC

In the absence of a Withdrawal Agreement, there will be no transition period and EU law will cease to apply to and in the UK as of 30 March 2019.

Brexit: European Commission publishes Communication on preparing for the UK’s withdrawal from the EU The European Commission has today adopted a Communication outlining the ongoing work on the preparation for all outcomes of the United Kingdom’s withdrawal from the European Union. If the Withdrawal Agreement is ratified before 30 March 2019, most of the legal
Continue reading Brexit: European Commission publishes Communication on preparing for the UK’s withdrawal from the EU. Comunicazione della Commission sulla fase preparatoria alla Brexit

COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL Protection of intra-EU investment 180719-communication-protection-of-investments_en https://ec.europa.eu/info/publications/180719-communication-capital-movements_en IP-18-4528_EN MEMO-18-4529_EN http://europa.eu/rapid/press-release_MEMO-18-4529_en.htm

Migration and Asylum: Commission takes further steps in infringement procedures against Hungary The European Commission has today decided to refer Hungary to the Court of Justice of the European Union (CJEU) for non-compliance of its asylum and return legislation with EU law. IP-18-4522_EN

Today the European Commission is announcing provisional safeguard measures concerning imports of a number of steel products. These measures will address the diversion of steel from other countries to the EU market as a result of the recently imposed US tariffs. The safeguard measures will come into effect on Thursday 19 July. Traditional imports of
Continue reading Trade: EU Commission imposes provisional safeguard measures on imports of steel products

The European Commission has fined Google €4.34 billion for breaching EU antitrust rules. Since 2011, Google has imposed illegal restrictions on Android device manufacturers and mobile network operators to cement its dominant position in general internet search. IP-18-4581_IT IP-18-4581_EN    

Tokyo, 17 July 2018: At the EU-Japan summit in Tokyo, Presidents Jean-Claude Juncker and Donald Tusk, and Japanese Prime Minister Shinzo Abe, signed today the EU-Japan Economic Partnership Agreement (EPA). IP-18-4526_ENSPEECH-18-4550_EN

The European Commission has adopted a new Best Practices Code for State aid control. The Code provides guidance to the Commission, Member States, businesses and other stakeholders on the day-to-day conduct of State aid procedures, to improve their effectiveness, transparency and predictability. IP-18-4544_EN Code of Best Practices for the conduct of State aid control procedures
Continue reading State aid: Commission adopts Best Practices Code to streamline and speed up State aid control – Aiuti di Stato, la Commissione adotta un codice di Best Practices per semplificare e velocizzare il controllo degli aiuti di Stato

Press Release

The seventh review of the trade policies and practices of China takes place on 11 and 13 July 2018. The basis for the review is a report by the WTO Secretariat and a report by the Government of China. Trade Policy Reviews are an exercise, mandated in the WTO agreements, in which member countries’ trade
Continue reading WTO Trade Policy Review: China

Every year, the European Commission draws up an annual report on its monitoring of the application of EU law in response to requests from the European Parliament and the EU countries. These EU country factsheets provide a national breakdown on the application of EU law for 2017. national-factsheet-italy-2017_en report-2017-annual-report-monitoring-application-eu-law https://ec.europa.eu/info/publications/2017-commission-report-monitoring-application-eu-law_en 2017 Commission report and factsheets
Continue reading Monitoring the application of EU Law: Italy

UK white paper on THE FUTURE RELATIONSHIP BETWEEN THE UNITED KINGDOM AND THE EUROPEAN UNION The_future_relationship_between_the_United_Kingdom_and_the EU https://www.gov.uk/government/publications/the-future-relationship-between-the-united-kingdom-and-the-european-union?utm_source=e5b3260b-2069-4b57-a5bd-24e9ea02aa88&utm_medium=email&utm_campaign=govuk-notifications&utm_content=immediate

Case T-356/15 the rules of the European Union on State aid are applicable to measures relating to the area of nuclear energy the Commission did not err in taking the view that the UK was entitled to define the development of nuclear energy as being a public-interest objective, even though that objective is not shared by
Continue reading Aid planned by the United Kingdom in favour of Hinkley Point C nuclear power station: the rules of the European Union on State aid are applicable to measures relating to the area of nuclear energy

The appellants relied on the well-established principle that whenever a statutory section creates a criminal offence but does not refer to the offender’s state of mind (“mens rea”), there is a presumption that to give effect to the will of Parliament, the court must read in words requiring mens rea [8]. While it is an
Continue reading Terrorism, the UK Supreme Court on the Prevention of Terrorism Act 1989. What is “knowing or having reasonable cause to suspect” ?

https://www.gov.uk/government/news/pm-words-following-chequers-6-july-2018 Prime Minister Theresa May said: Today in detailed discussions the Cabinet has agreed our collective position for the future of our negotiations with the EU. Our proposal will create a UK – EU free trade area which establishes a common rule book for industrial goods and agricultural products. This maintains high standards in these
Continue reading Chequers: STATEMENT FROM UK GOVERNMENT

Boris Johnson resigns as foreign secretary

http://www.uea.ac.uk/law/brexitworkshop   Programme Brexit – Recap Rethink Re-calculate brexit October 2018 Trento VLS

Brexit Secretary David Davis has resigned

Upon the request of the Islamic Republic of Iran, a meeting of the Joint Commission of the Joint Comprehensive Plan of Action (JCPOA) was held on 6 July in Vienna at ministerial level. The Joint Commission met to discuss the way forward to ensure the continued implementation of the nuclear deal in all its aspects
Continue reading Share Statement from the Joint Commission of the Joint Comprehensive Plan of Action

On 5 July 2018, the Council prolonged economic sanctions targeting specific sectors of the Russian economy until 31 January 2019. This decision follows an update from President Macron and Chancellor Merkel to the European Council of 28-29 June 2018 on the state of implementation of the Minsk agreements, to which the sanctions are linked. The Council
Continue reading Russia: EU prolongs economic sanctions by six months. Il Consiglio ha prorogato le sanzioni economiche riguardanti settori specifici dell’economia russa fino al 31 gennaio 2019.

The WTO’s nineteenth monitoring report on Group of 20 (G20) trade measures covering the period from mid-October 2017 to mid-May 2018, issued on 4 July, shows that new trade-restrictive measures from G20 economies have doubled compared to the previous review period. The report also shows that G20 economies continue to implement trade-facilitating measures, with the
Continue reading Rate of new trade restrictions from G20 economies doubles against previous period

An infographic of the EP EPRS_ATA(2018)623556_EN    

IP-18-4341_EN IP-18-4341_IT http://europa.eu/rapid/press-release_IP-18-4341_it.htm Today, the European Commission has launched an infringement procedure by sending a Letter of Formal Notice to Poland regarding the Polish law on the Supreme Court. On 3 July, 27 out of 72 Supreme Court judges face the risk of being forced to retire – more than one in every three judges
Continue reading Rule of Law: Commission launches infringement procedure to protect the independence of the Polish Supreme Court. Stato di diritto: Procedimento d’infrazione della Commissione a tutela dell’indipendenza della Corte suprema polacca.

http://europa.eu/rapid/press-release_IP-18-4265_en.htm The EU’s Customs Union celebrates its 50th anniversary on July 1, one of the greatest achievements of the European Union. Borne out of the landmark post-war agreements that paved the way for European integration, the Customs Union opened for business in 1968. By abolishing customs tariffs for trade in goods within what is now
Continue reading Celebrating the Customs Union: the world’s largest trading bloc turns 50

On 29 June 2018, the Russian Federation requested consultations with the United States concerning certain measures imposed by the United States to allegedly adjust imports of steel and aluminium into the United States. ds554_e.htm