Insights, Analyses & Op-Eds

Upgrading the Schengen Information System, degrading the principle of proportionality?

by Jonas Bornemann

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is Op-Ed examines the migration-related aspects of the reform of the Schengen Information System II (SIS) and links them to quantitative insights published by eu-LISA (the EU agency responsible for the operation of the database) It also presentsthegrowingsignicanceoftheSISformigrationcontrolasoneofthelatelegaciesoftheso-calledrefugeecrisis.

C-270/21)

by Lavinia Kortese

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Op-Ed on the recent judgment in A (Enseignant d’école maternelle)(C-270/21)wheretheCourtofJusticewasaskedtoclarify the application of the Professional Qualications Directive to an Estonian national holding Estonian qualications as a nursery teacher seeking to gain recognition in Finland. e case concerns the extent of the concept of a ‘regulated profession’undertheDirectiveandhowtoconsiderqualicationsissuedatatimewhenEstoniawasnotpartoftheEU.

One step forward, no steps back? e

Of

by Zane Rasnača

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Analysis of the judgment of 2nd March 2023 in MÁV-START (C-477/21),inwhichtheCourtofJusticehasaddedyetanother judgment to the long line of case law expanding the already elaborated case law on the Working Time Directive 2003/88/EC. is one concerned an allegedly ‘ more favourable’ collective agreement seing out rules on weekly and dailyworkingtime.

Is family off limit in EU sanctions law? (Cases T-743/22 R Mazepin and T-212/22Prigozhina)

by Edouard Gergondet

Op-EdonthePresidentoftheGeneralCourtrstorderofthe partial suspension of travel ban and asset freeze measures imposed against former F1 driver Nikita Mazepin in the wake of Russia’s invasion of Ukraine which was followed by a judgmentannullingsimilarmeasuresadoptedagainstVioleaPrigozhina.

Georgiou v. Greece: e ECtHR’s renewed interference with the obligation to referpreliminaryquestions

by Jesse Claassen

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Op-Ed on the case Georgiou v. Greece, in which the ECtHR found, for the sixth time, a violation of Article 6(1) ECHR on thegroundthatanationalcourtfailedtoprovideadequatereasons for its refusal to refer preliminary questions to the Court ofJustice.

e clarication of the implementing powers of the Council – Fenix International(C-695/20)

by Tomáš Buchta

Op-Ed on the case Fenix International Limited v Commissioners for HMRC (C-695/20) in which the Court of Justice ruled that a provision implementing the VAT Directive, which provides that an online intermediary linking service providers with their customers is liable to pay VAT, is valid and doesnotgobeyondtheimplementingpowersoftheCouncil.

e Court of Justice claries the scope of the Bronner case law in Lithuanian Railways(C-42/21)

by Carmen Rubio Bañeres

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Op-Ed on the case Lithuanian Railways (C-42/21), in which the Court of Justice upheld a judgment from the General Court that imposed a €20 million ne on Lithuanian Railways for destroying 19 kilometers of railway track in the short routeconnectingLatviaandLithuania

Pre-Draed Template Text as StatementofReasons: HYAandothers(Mo-

by Meinhard Schröder

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Op-EdonthecaseHYAandOthers(Groundsforauthorisingtelephonetapping)(C-349/21),inwhichtheCourtofJusticeruled that the obligation to state reasons is not infringed where the decision authorising telephone tapping is based on a detailedandsubstantiatedrequestfromthecompetentprosecution authority and the reasons for the authorisation can be easily and unambiguously deduced from a cross-reading of the applicationandtheauthorisationinquestion

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