V.A. Serov - Il Ratto di Europa

CECILIA NOTA, The ipso jure loss of national and EU citizenship and the proportionality test in light of ECJ Judgment “X”

In Case C-689/21, the Court of Justice examines the ipso iure loss of Danish nationality at the age of 22 for those born abroad. The judgement, in line with an established case-law, confirms the possibility for Member States to link the retention of national citizenship to the existence of a genuine link between the State of nationality and its nationals. However, the revocation of national citizenship, especially when it also entails the loss of citizenship of the Union, must be subject to an individual examination of the proportionality of the consequences of the loss, to be carried out by considering the real and demonstrated effects.

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MARTINA PREVIATELLO, The duty of sincere cooperation between national competition authorities and supervisory authorities established by the GDPR: Meta Platforms and Others

ABSTRACT – In the judgment Meta Platforms e a., delivered on 4 July 2023, the Court of Justice of the European Union stated that national competition authorities can find, in the context of the examination of an abuse of a dominant position by an undertaking, that the latter’s general terms of use relating to the processing of personal data and the implementation thereof are not consistent with the GDPR, where that finding is necessary to establish the existence of such an abuse. In absence of EU legislation concerning the issue, the Court clarified that the duty of cooperation between authorities stems directly from the duty of sincere cooperation, enshrined in Art. 4, para. 3, TEU. It follows from the foregoing that administrative authorities, endowed with different tasks and pursuing different objectives, must cooperate to ensure the effective application of EU competition law and, at the same time, the coherence of EU data protection legislation. The contribution aims at highlighting the novelties introduced by the judgment, against the existing legal framework. Besides that, it purports to shed light on the way how the duty of sincere cooperation shapes the relationship between national authorities, emphasizing the central role played by national data protection supervisory authorities, charged with the control of the effective application of the GDPR. As will be explained, such a solution not only involves procedural aspects, but also has substantive implications.

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CRISTINA CONTARTESE, Opinion of AG Ćapeta in KS/KD (C-29/22 P e C-44/22 P) and Neves (C-351/22), delivered on 23 November 2023, that is, how the CJEU should make sure that “‘every train that may end up in Strasbourg first needs to stop in Luxembourg”?

ABSTRACT – KS/KD and Neves raise new questions within the debate on the CJEU’s competence in the field of CFSP. In KS/KD, for the first time, the action for damages does not concern restrictive measures, but the operation of Eulex Kosovo mission. In Neves, the issue at stake is a preliminary question on the interpretation – not the validity – of a CFSP decision. Two intertwined questions are the focus of our short paper: in the analysis of AG Ćapeta, which role, if any, does the EU accession to the ECHR exert? Which are its consequences? It will be pointed out that, even if AG Ćapeta devotes an entire section to this issue in the last part of her Opinion, in reality, what seems to be missing is a clear-cut separation between the examination of the CJEU’s competence and its practical consequences on the accession process.

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IRENE MARCHIORO, The (overweening) role of EU law in the relationship between EU Regulation 650/2012 and bilateral succession conventions

ABSTRACT – In judgement OP, case C-21/22, the Court of Justice of the European Union has delivered its latest decision on the Succession Regulation. The Court has ruled on the subjective scope of application of the testator’s choice of law according to Art. 22 of the Regulation, as well as on the relationship between the Regulation itself and existing bilateral agreements on succession matters. In this second regard, the findings of the Court are not entirely convincing, in so much as it affirms that undefined ‘principles’ underpinning the European act shall prevail upon the international agreement. Thus, the Court has replaced the clear rule established in Art. 75 of the Regulation with a case-by-case rule, with the result that the demands of legal certainty are put at risk.

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STEFANO BASTIANON, The Superleague, ISU and SA Royal Antwerp FC judgments: a first reading

ABSTRACT – The three rulings of the Court of Justice dated 21 December 2023 in the Superleague, ISU and SA Royal Antwerp FC cases are notable both for certain aspects strictly connected to the relationship between sporting activity and European Union law, and for other aspects of relevance for European Union law considered as a whole. The Author offers a first reading of these sentences, focusing on both the abovementioned aspects in light of both the rules on competition and the rules on free movement.

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