Leiden Law Blog

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Tag: European Court Of Justice

  • Welcome refugees, adieu solidarité

    Welcome refugees, adieu solidarité

    Nathan de Arriba-Sellier | | 0
    Hungary and Slovakia suffered a blow in their attempts to escape the refugee relocation scheme, when the European Court of Justice rejected their claims. However, solidarity did not play a role in that decision.
  • Shining a light on the acte clair

    Shining a light on the acte clair

    Two recent judgments by the European Court of Justice illuminate the practical application of the acte clair doctrine of EU law, which determines when a court of last instance is freed from its obligation to refer a question on EU law to the ECJ.
  • Law Making at the Roman imperial Court

    Law Making at the Roman imperial Court

    The law making process and the relation between the legislator and the courts in the Netherlands is greatly influenced by Montesquieu’s theory on the separation of powers (the trias politica). Is there another way? A Roman perspective.
  • Consumer, I presume?

    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.
  • The end of an area

    The end of an area

    The euro crisis is back. Greek and French elections have put strengthening fiscal rules and rescue plans back on the agenda, no matter what Chancellor Merkel says. It is time to consider a civilized divorce of an ill conceived monetary marriage.