Articles

Jasper Krommendijk, Between Interpretation and Application of EU Law: Case-Tailored CJEU Judgments in the Preliminary Ruling Procedure ·

Martin Westlund, The Road Less Travelled in EU Asylum Law: The CJEU’s Restrictive Way of Reasoning and How a Different Approach Could Strengthen Human Rights

Arnljotur Astvaldsson, The Lost Traders? Considering the Distinction Between Professional and Non-Professional Actors in EU Law in the Light of New Types of Economic Actors

Radu Mares, Directors’ Duties During the Green Transition under EU Law - Reform and Ramifications from Corporate Sustainability Due Diligence

Snjólaug Árnadóttir, International Obligations Calling for Constitutional Protection of the Right to a Healthy Environment – an Icelandic Perspective

Jarne De Geyter, Revisiting the Standing Debate Before the EFTA Court through the Lens of Post-Lisbon EU Developments Regarding Locus Standi

Book Review

Pablo Martín Rodríguez, The Respect of The Rule of Law by the European Union in Times of Economic Emergency – Apropos of Anna Zemskova’s Brilliant Ph.D.

Contributions:

Article. Giuseppe Martinico (Scuola Superiore Sant'Anna, Pisa), 'Exploring the Platonic Heaven of Law: General Principles of EU Law From a Comparative Perspective'

Article. Erik Lagerlöf (Vinge, Stockholm School of Economics), 'Jurisdiction and Enforcement Post Brexit'

Article. Olga Giakouminaki (University Paris I - Panthéon Sorbonne), ‘The EU Legality Principle in Public Procurement Contracts: Adherence to Proceduralisation as a Direct Consequence'

Article. Åsa Gutafsson (Åbo Akademi University), 'Multilevel Governance of Maritime Border Surveillance in the EU and Accountability: The Coast Guard in Sweden'

Article. Tamar Khuchua (University of Strasbourg, Queen Mary University of London), 'Facing the ‘Bad Faith’ – The Challenges and Tools to Combat the Blocking Strategies of the Firms in the EU Trade Mark Law'

Case Note. Davor Petrić (University of Zagreb), 'A Matter of (a) Political Interpretation: Some Reflections on Case C-457/18 Slovenia v Croatia'

Case Note.  Annegret Engel, Julian Nowag & Xavier Groussot (Lund University), 'Is this Completely M.A.D.? Three Views on the Ruling of the German FCC on 5^th May 2020'

ARTICLES

Ludovica Sposini (Sant’Anna School of Advanced Studies Pisa.), The Governance of Algorithms: Profiling and Personalisation of Online Content in the Context of European Consumer Law

Vetle Magne Seierstad (Norwegian Human Rights Institution), The Obligation to Establish and Uphold Judicial Independence Under Article 19(1) TEU

Ignacio Vásquez Torreblanca (University of Valparaíso, Chile), EU-Chile Horizons: Climate Justice for a Shared Strategy on Critical Minerals

CASE NOTES

Ignacio Fornaris Valls (CEU University Madrid), Exploring the Evolution of Contractual Concepts within Regulation No 1215/2012 Through CJEU Judgments: Civil and Commercial Matters, Contracts, Tenancies of Immovable Property, and Provision of Services Under Examination

Medy Dervovic (Reykjavík University), Stefan Kirchner (University of Lapland), Angharad Downes (University of Akureyri), Fishing Rights Procedure at the European Court of Human Rights: Spasov v Romania

Contributions

Editorial. Eduardo Gill-Pedro, Guest note on the proposed EU AI Regulation 

Article. Marta Andhov (University of Copenhagen) & Bergþór Bergsson (DLA Piper), ‘Equal Pay and EU Public Procurement Law - Case Study of Mandatory Icelandic ÍST85 Standard’

Article. Annegret Engel (Lund University), ‘The Long-Awaited Trade Deal Between the EU and the UK - Expectations and Realities’

Article. Marco Galimberti (University of Milano Bicocca), ‘Farewell to the EU Charter: Brexit and Fundamental Rights Protection’

Article. Orlando Scarcello (LUISS Guido Carli), ‘The Randstad Case: Melki Reloaded? The Fundamental Right to Effective Judicial Protection as Battleground for Judicial Supremacy in European Law’

Article. Hugo Balnaves (LL.M. (Université Pathéon-Assas Paris II Sorbonne), ‘A Bride Run: Free Movement of People in the EU, the Fundamental Right to Family, Family Reunification, and the Case of Denmark’

Article. Joar Lindén (Mannheimer Swartling), ‘Restriction by Object: A Restriction Based Purely on Experience or also on Effects?’

Case Note. Vasiliki Fasoula (University Paris II Panthéon-Assas ), ‘Extending the Presumption of Decisive Influence to Impute Parental Liability to Private Equity Firms for the Anticompetitive Conduct of Portfolio Companies’

Case Note. Agnes Baude (Mannheimer Swartling), ‘Protecting the Union Rule of Law Through National Court Scrutiny? A Comment on Joined Cases C-354/20 PPU and C-412/20 PPU L and P'

Review. Emma Ahlm, EU Law and Religion: a study of how the Court of Justice has adjudicated on religious matters in Union Law, Uppsala University 2020 (Eduardo Gill-Pedro, Lund University)

Review. Alexandr Svetlicinii, Chinese State Owned Enterprises and EU Merger Control, Routledge 2020 (Wei Yin, Southwest University of Political Science and Law)

Review. Mariagiulia Giuffré, The Readmission of Asylum Seekers under International Law, Hart Publishing, 2020 (Eleni Karageorgiou, Lund University)

Review. Katarina Hyltén-Cavallius, EU Citizenship at the Edges of Freedom of Movement, Hart Publishing 2020 (Alezini Loxa, Lund University)

ARTICLES

Luigi Lonardo (University College Cork) - Dispute Settlement Mechanisms in International Agreements of the European Union

Xavier Groussot (Lund University), Savvas Michael, and Ema Mlynarcikova - The Screening of Foreign Investments in EU Law: When ‘Security and Public Order’ Become the New Black in Internal Market Laws and Policies

Eleni Ilia (University of Helsinki) - Casting Votes into the Void: An Empirical Study of the Twelve Years of the European Citizens’ Initiative

REVIEWS

Alezini Loxa (Lund University) - Dagmar Rita Myslinska: Law, Migration and the Construction of Whiteness, Mobility within the European Union

This issue of the NJEL comprises, beside a collection of articles on a variety of subjects related to European law, a special setion publishing contributions from a conference at Science Po for junior scholars on the intersection between competition law and sustainability. 

Contributions:

Article. Xavier Groussot (Lund University), Anna Zemskova (Lund University), & Katarina Bungerfeldt, ‘Foundational Principles and the Rule of Law in the European Union: How to Adjudicate in a Rule-of-Law Crisis, and Why Solidarity is Essential’

Article. Henrik Wenander (Lund University), ‘Administrative Independence in the Nordic States – EU Law Requirements and National Traditions’

Article. Lena Enqvist (Umeå University) & Yana Litins’ka (Lund University), ‘Employee Health Data in European Law: Privacy is (not) an Option?’

Article. Martin Sunnqvist (Lund University), ‘Impartiality and Independence of Judges: The Development in European Case Law’

Article. Christian Bergqvist (University of Copenhagen), ‘When do Agreements Restrict Competition Law in EU Competition Law?’

Reflection note. Helle Krunke (University of Copenhagen) & Sune Klinge (University of Copenhagen), ‘Geographical Differentiation in  the EU and the Link to EU Crisis Solving with an Outset in Denmark’

Case note. Andi Hoxaj (University College London), ‘The CJEU Validates in C-156/21 and C-157/21 the Rule of Law Conditionality Regulation Regime to Protect the EU Budget’

Book review. Susanna Lindroos-Hovinheimo, Private Selves: Legal Personhood in European Privacy Protection, Cambridge University Press 2021 (Hoda Housseiny, Lund University)

Special section on the intersection between competition law and sustainability: 

Article. Julian Nowag (Lund University), ‘Competition Law’s Sustainability Gap? Tools for an Examination and a Brief Overview’

Article. Miriam Imarhiagbe, ‘The Right to Repair in EU Competition Law’

Article. Kamil Bułakowski (Kozminski University), ‘Public Interest in Merger Control as a Potential Instrument of Realization of Socio-Environmental Goals’

Article. Kalpana Tyagi (Maastricht University), ‘Mega Mergers in the Seeds & Agro-Chem Industry: Nipping the Seeds of Innovation (& Sustainability) in the bud?’

Disclaimer: the articles in the special section on law and sustainability (from page 149) is a publication resulting from a conference for students and early-career academics organised by Sciences Po in 2019. The journal warmly welcomes contributions by juniors scholars and is promoted to provide a strong platform for early-career academics. This section has not been peer reviewed by the NJEL, but internally by the conference organisers of the conference at Science Po. 

This inaugural issue of the NJEL focuses on business law aspects of European law. The contributions analyse legal developments in the fields of public procurement, merger control, intellectual property law and EU company law.

Contributions:

Article. Dr. Albert Sanchez Graells (University of Bristol), ‘You Can’t Be Serious: Critical Reflections on the Liability Threshold for Damages Claims for Breach of EU Public Procurement Law After the EFTA Court’s Fosen-Linjen Opinion’.

Article. Julia Österman, ‘Non-Discriminatory Royalties for Standard Essential Patents: Setting the Boundaries’.

Article. Iryna Basova, ‘Cross-Border Conversions in the European Union After the Polbud Case’.

Case Note. Doctoral Candidate Vasiliki Fasoula, ‘The EU Court of Justice Clarifies the Role of the Full-Function Criterion in the Interaction Between Article 3(1)(b) and 3(4) of the EU Merger Regu

This special issue of the Nordic Journal of European Law is devoted to the principle of solidarity. The series of contributions were collected by Xavier Groussot and Eleni Karageorgiou during a conference they organised at Lund University onNovember 2022 on Solidarity in EU Law.

ARTICLES

Esin Küçük Solidarity in the EU: What Is In A Name?

Xavier Groussot & Eleni Karageorgiou, Solidarity and the Crisis of Values in the European Union · Maribel González Pascual, Building Social Solidarity Through Mutual Trust

Katarina Hyltén-Cavallius, Solidarity and the Bond of Nationality in Union Citizenship Law

Federico Casolari, The Odd Couple: a Legal Reflection on the Interaction Between Loyalty and Solidarity in the EU Legal System

Carl Fredrik Bergström, EU Rulemaking in Response to Crisis: the Emergence of the Principle of Energy Solidarity and its Use

Eduardo Gill-Pedro, Solidarity Through the Lens of Functional Constitutionalism

 Ester Herlin-Karnell, The Constitutional Concept of Solidarity in Eu Law: Some Reflections on The Interrelationship Between Solidarity, Constituent Power, and Non-Domination

This second 2019-special issue of NJEL is dedicated to contributions relating to the Rule of Law. 

Contributions:

Article: Franziska-Marie Laura Hilpert, 'An Old Procedure with new Solutions for the Rule of Law Crisis'

Article: Joshua Chung, 'The Operationalisation of the Rule of Law in the EU Legal Order'

Article: David Klaiber, 'A Critical Analysis of the Dublin-IV Proposal with Regards to Fundamental- and Human Rights Violations and the EU Institutional Battle: How Can We Overcome this Outdated Dublin Model?'

Article: Patrick Leisure, Has the 'War on Terror' Put Due Process on the Stand? Why the ECJ's Approach in KADI II Should Be Used Across the Atlantic'

Case Note: Xavier Groussot, Niels Kirst, Patrick Leisure, 'SEGRO and its Aftermath: Between Economic Freedoms, Property Rights and the 'Essence of the Rule of Law' 

The Council for European Studies (CES) held on June 27-29 of 2023 the 29th International Conference of Europeanists on the theme of Europe’s Past, Present, and Future: Utopias and Dystopias at the University of Iceland in Reykjavik, Iceland. As an active part of the Council for European Studies, the Law Research Network participated in the Conference with many significant contributions regarding several legal issues. The present special issue consists of some of the most interesting contributions presented at the above-mentioned conference. 

Contributions: 

Article. Graham Butler (Aarhus University) & Marius Meling (Norwegian Agency for Public and Financial Management), ‘Horizontal Direct Effect of the Charter in EU Law: Ramifications for the European Economic Area’

Article. Ola Svensson (Lund University), ‘The Unfair Contract Terms Directive: Meaning and Further Development’

Article. Kim Fyhr (Ministry of Foreign Affairs of Finland), ‘When Internal Practices Mould Powers: The Presidency of the Council of the European Union in the European Parliament’

Article. Lydika Kriki, ‘Freedoms or Rights? A Court Deciding While Comfortably Numb’

Case Note. Angelica Ericsson (Lund University), ‘EU Law and the Discretion of Private National Decision-Makers in Light of the Court’s Judgment in Case C-22/18 TopFit and BIFFI’

Reflection Note. Ester Herlin-Karnell (Gothenburg University), 'EU Data Protection Rules and the Lack of Compliance in Sweden'

Review. William Phelan, Great Judgments of the European Court of Justice – Rethinking the Landmark Decisions of the Foundational Period, Cambridge University Press 2019, (Xavier Groussot, Lund University)

Review. Viktor Luszcz, European Court Procedure, A Pratical Guide, Hart Publishing 2020 (Alezini Loxa, Lund University)

EDITORIAL

Xavier Groussout and Annegret Engel (Lund University), Digitalisation in EU Competition Law and the Swedish Principle of Transparency

ARTICLES

Vilhelm Persson (Lund University), Transparency of the Swedish Competition Authority

Helene Andersson (Delphi), The Legal Professional Privilege in Competition Law Cases – A Key Element in Protecting the Proper Administration of Justice

Joakim Nergelius (Örebro University), A Few Words on Drittwirkung, Transparency and Personal Integrity in the Light of Digitalization

Riina Autio (Finnish Competition and Consumer Authority), Digitalisation of the Preliminary Investigation Phase, Fundamental and Human Rights and the Principle of Openness – Balancing Conflicting Interests in the Review of Large Data Sets

Lena Hornkohl (University of Vienna), Transparency Unveiled: Access to Information in Digital Markets Act Proceedings on EU Level

Julia Helminger (University of Vienna), Transparency Unveiled: Access to Information in Digital Markets Act Proceedings at Member State Level – The German and Austrian Experience

Magnus Strand (Uppsala University), Private Enforcement Under the Digital Markets Act: Rights and Remedies Revisited

Cristina Teleki (Maastricht University), EU Competition Law, Fundamental Rights and the Principle of Transparency – An Evolving Relationship

This issue of the NJEL publishes articles presented at the seminar The Consequences of Schrems II from Practical and Theoretical Perspectives sponsored by the Swedish Network for European Legal Studies and held at the Faculty of Law, Lund University on September 16, 2021.

Contributions: 

Article. Jeffery Atik & Xavier Groussot, ‘A Weaponized Court of Justice in Schrems II’

Article. Graham Butler, ‘Lower Instance National Courts and Tribunals in Member States and Their Judicial Dialogue with the Court of Justice of the European Union’

Article. Marcelo Corrales Compagnucci, Mateo Aboy & Timo Minssen, ‘Cross-Border Transfers of Personal Data After Schrems II: Supplementary Measures and new Standard Contractual Clauses (SCCs)’

Article. Claes G. Granmar, ‘A Reality Check of the Schrems Saga’

Article. Ester Herlin-Karnell, ‘EU Data Protection and the Principle of Proportionality’

Article. Susanna Lindroos-Hovinheimo, ‘Tolerating Ambiguity: Reflections on the Schrems II Ruling’

Article. Araceli Turmo, ‘National Security Concerns as an Exception to EU Standards on Data Protection’

Review. Ester Herlin-Karnell, Gerard Conway and Aravind Ganesh, European Union Law in Context, Hart Publishing 2021 (Annegret Engel, Lund University)

Review. Mirka Kuisma, Confronting Legal Realities with the Legal Rule, On Why and How the European Court of Justice Changes Its Mind, University of Turku 2021,  (Alezini Loxa, Lund University)

ARTICLES

Maiju Auranen (University of Turku) Ticking the Hohfeldian Box

David Fåhraeus (Uppsala University )Processing personal health data in the context of the European online pharmacy market: lawful bases under the GDPR and Swedish law

Stoyan Panov (University of Freiburg)Walking the line in times of crisis: EU fundamental rights, the foundational value of the rule of law and judicial response to the rule of law backsliding

CASE NOTE

Annegret Engel (Lund University)Only Fair? The Right To A Fair Trial Challenged In Case C-420/20 HN (Procès d’un Accusé Éloigné du Territoire)

This first issue of 2019 covers a broad range of constituional and theoretical questions. The issue contains contributions within EEA law, EU law and the European Court of Human Rights. 

Contributions:

Article. Dr. Margrét Einarsdottir (University of Iceland), ‘Incorporation and Implementation – The Execution of the EEA Agreement by the Icelandic State’

Article. Dr. Annegret Engel (Lund University), ‘The European Union and Brexit Dilemma – A very British Problem? ‘

Article. Dimitrios Kafteranis (University of Luxembourg), ‘Rethinking Financial Rewards for Whistle- Blowers Under the Proposal for a Directive on the Protection of Whistle-Blowers Reporting Breaches of EU Law’ 

Article. Damjan Grozdanovski, ‘The Workload of the European Court of Human Rights: A Back-Door to Becoming a Constitutional Court of Europe’

Article. Josefin Jennerheim, ‘Patterns of Federalism in EU Macroeconomic Policy’