The Applicability of the EU Fundamental Rights Charter: A Matter of Who Has the Last Word?
In response to Åkerberg Fransson, the Bundesverfassungsgericht has made it clear that the CJEU can’t hold the Charter applicable whenever it sees fit.
Category: Public Law
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Leiden’s tradition of moot courts
Leiden University has been exceptionally successful in moot court competitions this academic year. So what are the advantages of doing a moot court – and possibly: what’s the key to success? -
Inquiring into North Korea: an avenue for international accountability?
The International Commission of Inquiry for North Korea is mandated to investigate human rights violations. However, it is unlikely that its investigation will lead to prosecutions. What then might be the practical impact of its report? -
Efficiency and transparency: competing demands on the legislative process?
In our rapidly changing society, the legislative process has to cope with increasing demands. In particular, speeding up the Dutch legislative process appears to be a pressing topic. -
On royalty and loyalty
MP Ruud Koole refused to pledge allegiance to the new king, who will be investitured on April 30th. What's to say for his case? -
Politicised law – or legalised politics?
Politics play a major role in the recognition of states. Is that necessarily a bad thing? -
Linking Investment Law and Labour Standards
Why the non-existence of a 'race to the bottom' should not end the debate on the inclusion of minimum labour standards in investment treaties -
Private life v freedom of press: a look at Ukrainian data protection law
In 2010, Ukraine adopted its first data protection law, which, as some suggested, imposed disproportionate limitations on the freedom of expression. In late 2012, amendments followed – will they help resolve the issue? -
SNS REAAL and the shareholders who cried State aid
Can SNS REAAL’s expropriated shareholders rely on European State aid law? The Dutch Council of State rules that they cannot. -
Curing the Dutch disease
Are the obligations towards sick employees at the heart of problems at the labour market? -
On the lack of a constitutional court and the ‘constitutionalisation’ of the ECtHR
No we do not have a constitutional court. But we do have the European Convention, and the European Court of Human Rights. Which, by the way, also has an increasingly ‘constitutional’ task and engages in ‘constitutional reasoning’. -
Passenger rights in the EU or creative ruling by the CJEU
Regulation 261/2004 was adopted to provide air transport passengers with more rights against airlines in cases of delay and cancellation. This Regulation led to a number of questions and issues which have been ‘solved’ by the CJEU rather creatively. -
Discretion in EU law - a total mismatch?
A key question regarding the European integration process is how much national sovereignty should be transferred to the EU or, differently put, how much shall the EU do? -
The value(s) of labour law
To mark the occasion of professor Paul Van der Heijden’s return to Leiden Law School as professor of International Labour Law, a symposium entitled ‘The value(s) of labour law' has been organized today. -
State aid modernization and the wish to achieve more with less
State aid reform hopes to achieve more results with less aid. The Commission also hopes to monitor state aid more effectively with less (or at least not more) man-power. Will that work? -
Spot the difference
A look at the recognition of governments and rebel movements through recent US practice in Somalia and Syria -
Economic arguments and legal methodology
Methodological soul-searching should not lead legal scholars to becoming ‘light’ economists. Instead we should rethink the role of social sciences in our own discipline. -
To be or not to be profiled – is this (still) the question?
Date of birth, address, credit card number…the list goes on. When shopping online, we share this data on a regular basis. Yet what may happen to this data beyond a particular transaction, and what decisions could be made based on this data? -
‘The general interest’ in law? Jonge NJV Seminar 12 December 2012
This Wednesday the Leiden Law School will host the third annual Jonge NJV Seminar. The Jonge NJV invites legal scholars and practitioners, young or not so young, to join us at the Law Faculty for an interesting debate on ‘the general interest’ in law. -
Wordfare: the new evil?
What exactly is wordfare in (international) legal scholarship, and should it worry us? -
Who’s to pay for whose mistake?
Internal allocation of responsibility in liability actions for breaches of European Law among national authorities -
Private enforcement of State aid law? Don’t bother.
Blogs should be just a little provocative. So let’s provoke: the idea that breaches of State aid law can be solved by national courts is nice, but wrong. Enforcement by national judges, rather than the European Commission, is costly, clumsy and ineffective -
The efficiency gains of human rights
Policy makers and human rights lawyers should read Tony Judt instead of Adam Smith. -
Top secret: Terrorist Finance Tracking Program agreement 2 years on
While in 2010 the European Parliament gave a green light to the EU-US TFTP agreement, recently MEPs critically questioned the Commission on its implementation. What went wrong with the banking data sharing deal? -
The end of European agricultural subsidies to agricultural millionaires?
European agricultural subsidies granted mainly to big farms and large landowners. -
Fifty shades of grey
In a greying labour market, active ageing is necessary. We need to work to a higher age. A prohibition of age discrimination has too little effect, though. -
Removing Twitter accounts: censorship or obeying the law?
Last week Twitter blocked the user account of the neo-nazi group ‘Besseres Hannover’ for German users. The account was blocked at the behest of the German authorities, because the group is illegal in Germany. -
It is not about the economy
The EU, and in particular the Eurozone, is facing a political, economic and monetary crisis. Many people are asking the question why some states were allowed to join the Union in the first place. -
Some observations by USADA on the required standard of proof in the case against Lance Armstrong
On 10 October USADA published a Report on Proceedings and a Reasoned Decision in the case of USADA against the cyclist Lance Armstrong. Bringing evidence from various sources, USADA also dealt with the issue of the sufficiency and reliability of evidence. -
Installing covert technical devices on computers: when will it be Strasbourg proof?
According to minister Opstelten, new investigatory measures are needed to fight cyber crime more effectively. What human rights standards should national authorities take into account in order to comply with the requirements as developed by the ECtHR? -
Making the case for the rights of street children at the global and local level
The Child Law Department has produced a new report on the rights of street children in an exciting new partnership bringing the work of academia and the NGO world together, to support the 2012 International Children’s Peace Prize. -
Who Needs Justiciable Socio-Economic Rights?
Most socio-economic rights are non-justiciable and considered second-rate. It is often attempted to improve the status of these rights, but how about further exploring the protection of economic and social rights via civil and political rights? -
Feminazis?
While we must acknowledge the catastrophic events of genocide, we cannot afford to be blinded by these ravages of humanity, either. -
The changing rules for Dutch cabinet formation in perspective
The changing rules for Dutch cabinet formation demonstrate that the Netherlands is a polity in transition, possibly also developing in the direction of a ceremonial monarchy and a majoritarian democracy. What’s at stake? -
The Golden Rule adopted in Dutch legislation?
The Netherlands is required to introduce the golden rule – a balanced budget rule – in national law. In a recently tabled bill the Dutch government will comply with this European obligation. However, some critical remarks can be made about this new bill. -
Cutbacks in subsidies lead to imagination
Dutch governments are going to cut back on the granting of subsidies. Although this can have substantial consequences for the recipients of subsidies, it can also lead to other, more creative manners being developed to finance an organisation. -
The ICC and Palestine, Round Two
In April, the ICC Prosecutor declined to take a decision on Palestine’s declaration accepting the Court’s jurisdiction. In November, it will be for the Assembly of States Parties to examine the issue. -
Measures against hooliganism intensified
The Act providing measures to curb football hooliganism and serious nuisance did not fulfil initial expectations: modifications are underway. -
The politicization of international human rights law
Should politicians or judges determine whether laws violate international human rights obligations? -
Think before you post
Facebook and other social media aren't entirely private; employees should be careful what they say about their job there -
The voice of children before the Committee on the Rights of the Child
The Additional Protocol to the Child Rights Convention offers children the opportunity to make complaints on violations of their rights before the Committee on the Rights of the Child. There is room for improvement to involve children in the procedure. -
Big Data, Big Privacy?
Today's society could be considered a data society. Large amounts of digital data are being generated every day. But are the issues that come with all this data properly addressed by current legislation? -
2012 general elections in the Netherlands: political instability in a splintered landscape
Polls for the general elections on 12 September indicate that it will prove difficult to cement a majority coalition in the Netherlands. Political fragmentation is increasingly destabilizing Dutch politics. Maybe electoral thresholds need to be considered. -
‘Please sir, I want some more’, Oliver Twist and denying rights on the basis of State aid law
Can a subsidizing party, on the basis of State aid law, deny an undertaking its right under national law? -
The clash of the institutions
The Council and Parliament of the EU are engaged in the biggest clash in their history. The Parliament risks being excluded from the legislative process concerning reforms of the Schengen Agreement. Why is nobody paying it any attention? -
ACTA and the Internet – the all-seeing eye of private surveillance?
The critics of controversial ACTA have been saying its ratification could be a major blow to privacy on the Internet. Under ACTA, could private parties such as rightholders and Internet Service Providers become the ‘watchers’ of Internet users? -
Will YOU own the next space project?
From private owned launchers to private missions into deep space, governments are no longer the sole promoter of space activities. As crowd funding for small-scale space projects becomes a reality, some legal questions arise -
Why should the tax-payer fund my research?
Research in the Humanities is undervalued and as a result, underfunded. In order to change that, our democracy needs to change and develop more ‘aristocratic’ attitudes, at least where science is concerned. -
Redressing the Discourse on the Burqa Ban
Proudly stating that the Netherlands is a tolerant country where ‘everyone is free to wear what they want’ neglects women who are oppressed, even if there are only a few. -
Report Dutch Safety Board on ‘DigiNotar incident’: Why Digital Safety Failed in Government Agencies
On 28 June 2012 the Dutch Safety Board published a report on the ‘DigiNotar incident’, in which it concludes that the public executives of many government agencies in the Netherlands do not exercise sufficient control to ensure proper digital security. -
The impact of the Kosovo case through numbers
The Kosovo advisory opinion by the International Court of Justice was delivered on 22 July 2010. Two years later, it’s time to look at its long-term impact. -
Consumer, I presume?
Courts are obliged to assess the fairness of contractual terms to protect a consumer, even if the consumer does not show up in court. The European Court confirmed this obligation, without a clue how courts are to know that the absent party is a consumer. -
Can the Citizens’ Initiative Revitalize Dutch Representative Democracy?
The Petition Committee is currently holding an internal review of the citizens’ initative. This instrument may only work if it is accompanied by a long-term vision of how parliament is to be re-established as the central organ of representative democracy. -
Cross-border banks and crisis management
On 6 June, the European Commission (Commission) presented a proposal for a Crisis Management Directive (CMD) to develop a common framework for the recovery and resolution of banks and investment firms. Lessons learned from the financial crisis? -
A battle of experts: dismissal law in need of reform?
Dismissal law raises reforms lead to questions (and even more answers) by experts: why, what for and how to change the preventive dual system? -
Dutch Act on Public Procurement: blue skies ahead or storm brewing on the horizon?
The Dutch Act on public procurement almost seemed to have had lost all support from the relevant stakeholders. Extensive discussion were needed to keep them from withdrawing their support. -
Expansion of the ESM powers: Treaty change or not?
Eurozone leaders recently decided that the ESM should expand its powers and provide direct aid to banks. Is this allowed under the current ESM treaty or is a treaty change (and thus a new round of ratification of national parliaments) necessary? -
Messaging and email - an ever closer integration… on Facebook
Facebook users can now not only message each other, but use the Facebook email, recently introduced by the social network. How can users benefit from this change, and to what extent does it affect their privacy? -
Why don’t Dutch judges want to know about State aid law?
Interest amongst judges for State aid law seems to be limited. This is unfortunate, because State aid law is arguably fundamental to EU law. On the other hand… who can really blame them? -
The quid pro quo of domestic state support and international labour standards
Many Dutch companies receive financial or other support from the state. The goal of these policies is to strengthen the Dutch economy. But the use of state support is increasingly being linked to the observance of international labour standards. -
Femmes for Freedom: fighting against marital captivity
Last Monday, Sheik Al-Haddad from the London Sharia Council advocated the establishment of a Sharia council in the Netherlands, in order to help Dutch women in Islamic divorce procedures. To follow this advice would be a grave mistake. -
The European Court of Human Rights: towards a too procedural approach?
The ECtHR nowadays uses a more procedural approach when assessing an alleged human right violation. What lessons can be learned from experiences in Dutch administrative law with a procedural approach? -
The European Convention and Environmental Protection: the Case of the Waste Crisis in Italy
How much flexibility should we allow the European Court of Human Rights (ECtHR) in order to provide for protection of important interests? The example of the Italian waste crisis and how it led to a violation of the European Convention. -
No More Promised Land Waiting at the End of the Road for EU?
No matter whether one views the EU as constitutional or administrative in character, its democratic legitimacy has come under increasing pressure, the reason being the separation of power and legitimacy and the collapse of political messianism respectively -
Data sharing is caring? The PNR agreement: an old Big Brother story told anew
Public records, banking information, correspondence…the list of data accessed by police would be incomplete without Passenger Name Records. The new EU-US PNR agreement will enter into force soon – will it also bring a higher data protection standard? -
What would the Commission do? A case of existing State aid.
When dealing with State aid matters, national judges and the European Commission have 'essential, but distinct, roles'. This distinction seems to be blurring, as recent Dutch case law shows. -
How to remedy an irreparable violation?
Increasingly, the Dutch government has to deal with the distribution of limited permits or grants. A recent case shows that errors and mistakes made during award procedures used to allocate these public rights can be difficult to remedy. -
Institutionalized(?)
Are 107 ‘yes’ votes in UNESCO worth more to Palestinian statehood than 130 direct recognitions by individual states? -
When will the general election be held?
Today the Rutte-Verhagen cabinet, now under resignation, debated on the crisis. There will be a general election but there is controversy about the date. Professor Voermans considers the arguments and requirements of the Dutch Election Law. -
At the worst possible moment: Rutte cabinet crisis intensifies Dutch political dilemmas
The present Dutch cabinet crisis gives rise to difficult problems: how is the budget for 2013 to be settled with a crippled cabinet and upcoming elections? Professor Voermans argues that Dutch parliamentary history offers a precedent and some hope. -
I do solemnly swear…
Friday the 13th is, arguably, not a bad day to introduce measures to prevent disasters from happening again. The Dutch Finance Minister, Jan-Kees de Jager, chose this day to introduce reforms in the banking and financial services industries. -
Pension Reforms and Benefit Cuts: Human Rights Proof?
Politicians get stuck in debates on benefit cuts and pension reforms. ‘Brussels’ of course sets some limits, but how about the European Convention on Human Rights? Can the lowering of pensions and the termination of benefits violate human rights?