A COMMENT ON OPINION 2/15 AND INVESTOR STATE DISPUTE RESOLUTION. THE PRICE OF PRESERVING THE DIVISION OF POWERS

Giorgia Sangiuolo, Lawyer, PhD Researcher King’s College London

Opinion 2/15 on the Free Trade Agreement between the European Union (EU) and Singapore (EUSFTA) constitutes another significant chapter in the relationship between the EU and its Member States, and is destined to shape the EU’s role on the international plane for years to come. The European Court of Justice was called once again to arbiter on the dynamics of the renegotiation of powers between the EU and its Member States, as it had done in cases surrounding fundamental rights[1] and internal competences.[2]  This time, the ‘battleground’ regarded EU’s external relations. Continue reading

The Luxembourg court does not negotiate: A brief commentary on the OMT ruling (Case C-62/14, Gauweiler)

by Napoleon Xanthoulis[1]

  1. Introduction 

On 6 September 2012, the majority of the members of the European Central Bank’s (ECB) Governing Council had every reason to be excited. The time had come to enact the ECB President’s promise made only a few weeks ago, to do “whatever it takes”[2] to protect the single currency from the sovereign debt crisis that had by then reached the Eurozone. Continue reading